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Constructive Dismissal

I am taking a look at another constructive dismissal claim this week which was unsuccessful to contrast with my last article on a successful constructive dismissal claim. This time an Adjudication Officer in Case number ADJ - 00002652 found the claimant was not justified in terminating her own employment and her complaint under Section 8 of the Unfair Dismissal Acts failed. The case demonstrates that employers who manage absences sensitively and in line with an appropriate and reasonable level of communication will not find themselves being on the wrong end of a constructive dismissal claim.

Constructive Dismissal

In a recent WRC decision (ADJ - 00002854) an Adjudication Officer held that an employee had been constructively dismissed despite the fact that she had not exhausted the use of internal grievance procedures which is normally a requirement for a successful constructive dismissal claim. An award of €15,528 was made.

Waiver Agreements

In a recently published case (ADJ - 00000575), an Adjudication Officer found as a preliminary issue that he had no jurisdiction to hear a complaint of unfair dismissal as the claimant had not been pressured into signing a waiver and had been afforded the opportunity to seek legal advice which he had declined.

Golf Ranger awarded €4000 for unfair dismissal on his 4th day of work.

A newly recruited golf ranger was dismissed on his second weekend of work without any notice after commencing a six month fixed term contract on 18th April 2015. As he did not have the required 12 months service to take a claim under the Unfair Dismissal legislation the complaint was brought under the Industrial Relations Act 1969 (Ref ADJ - 0000066).

Dismissal Of Postman who was convicted of being in possession of drugs held to be a fair dismissal.

In case number UD1153/2014 the interesting question of whether the conduct of an employee outside of the workplace was considered as to whether it was fair to dismiss an employee for activity that was not connected with his normal workplace duties.

Employee who took unauthorised annual leave was not unfairly dismissed.

In Case No UD463/2014 the EAT overturned a Rights Commissioners decision and held that an employee of a meat processing plant was not unfairly dismissed after he took leave which had not been authorised.

Fair Dismissal Of Postman Despite Flawed Appeals Process.

The Eat determined in a recently published decision (UD 507/2014) that a postman had been fairly dismissed for allowing others to deliver his mail despite an appalling appeals process with a delay of over 2 and a half years in dealing with the appeal.

Security Guard Re-instated

The EAT determined that a security guard with an excellent employment record who had been dismissed for one inappropriate incident had been dismissed unfairly and should be re-instated and the sanction of dismissal was disproportionate.

Probationary Period Dismissal

In a recent case taken under Section 20(1) of the Industrial Relations Act 1969 an employee who was dismissed during his probationary period was recommended compensation in the amount of €6,500. (Ref LCR21028)

Redundant Employee Deemed To have Continous Service After Being Re-Employed Within Days

In a recent unfair dismissal case UD 877/2013, the preliminary issue of whether the claimant had the required one year's continuous service to make a claim was considered in light of a suggested break in service after being made redundant and then re-employed.

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Co. Leitrim

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