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Discrimination On Grounds of Disability

In a recent Labour Court Determination (EDA 1838), the importance of reviewing all available medical evidence and potential pending medical information was highlighted when Dunnes Stores lost it's appeal against an award that had been made against it, after they had dismissed an Assistant Manager who had been absent for over 2 years with a stress related condition.

Beauty Therapist Retains 10k Award in Appeal

In this recent Labour Court Determination(UD1835), following an appeal by a Beauty Company against an Adjudicator's decision to award a former employee €10,000, there are lots of learning points for employers on how to run disciplinary procedures correctly, as the Labour Court dismissed the appeal due to a number of procedural errors on how the disciplinary process was run.

Reinstatement For Banker Unfairly Dismissed for Gross Misconduct

In a recent decision of the WRC, a bank has been ordered to re-instate a dismissed employee where it was found that the bank had insufficient grounds to uphold the allegations for which the complainant was summarily dismissed (ADJ-00001266).

Fair Dismissal on Grounds of Incapacity

In a recently published case(CA - 00010111-01), an Adjudication Officer found that an Order Packer who had been absent from work on long term sickness since April 2012 was fairly dismissed in November 2016 due to the length of her absence and as she was unable to provide contrary medical evidence to support that she could resume normal duties.

Trouble At The Christmas Party !

With the Christmas party season getting well underway this weekend, I will be highlighting the importance of employers dealing properly with issues that may arise during workplace social events and the potential costly consequences of not doing so.

Flawed Investigation LeadsTo Award of €15,000 to Dismissed Cashier.

In Determination UDD 1739 the Labour Court upheld an appeal by a till operator who had been dismissed by Woodies, as the Investigation conducted by the Company did not reasonably conclude on the balance of probabilities that the dismissed employee had taken a missing €50 note.

Maximum 2 Years Compensation Awarded for Unfair Dismissal

A recent Labour Court Determination DHL Express (Ireland) Ltd v. Michael Coughlan (Ref No. UDD1738) gave some useful guidance on the use of spent disciplinary sanctions in determining subsequent disciplinary sanctions. The maximum compensation of 2 years salary for unfair dismissal was awarded.

Dismissal Unfair Despite CCTV Confirming Theft

A recent case published by the WRC confirmed the high standards required to ensure that the principles of natural justice are fully adhered to during workplace investigations (Ref ADJ - 00004127)

Dismissal On Grounds of Incapacity

A recent Labour Court decision published on the 7th April 2017 overturned the decision of an Adjudication Officer who had awarded 19k to a retail assistant in Dunnes Stores after determining that she had been unfairly dismissed after being absent from work for three years (Ref UDD1714).

Incapacity Dismissal

The Labour Court appeal case of Noonan Services Group & Elvira Kravcova (Ref UD D1637) highlights yet again the need for employers to fully review relevant occupational and medical evidence that is available in respect of whether employees are fit to carry out their duties and to consult fully with employees prior to making a decision to dismiss.

HR Solutions

Keshcarrigan
Co. Leitrim

+353 (0)71 964 2748
+353 (0)86 833 7228
info@hrsolutions.ie

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