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Trouble At The Christmas Party !

With the Christmas party season about to get underway this weekend, employers need to be aware of the potential costs of not dealing correctly with issues that may arise during workplace social events.

Re-engagement Ordered By Labour Court After Flawed Investigation And Disciplinary Process.

The determination published earlier this year in the SSP Ireland v Albert Fordjour provides some useful lessons for employers on the necessity of adopting fair procedures at all stages of the investigation and disciplinary processes and in particular around the interviewing of proposed witnesses (Ref UDD 1758).

Gross Misconduct Dismissal Held To Be Fair

The Labour Court recently rejected an appeal by a hotel worker that his summary dismissal for breach of IT & Security Policies was unfair and confirmed that the decision to dismiss was within the range of responses of a reasonable employer with regard to the employee's conduct and that his dismissal was not unfair (Determination UDD 1839).

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.

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.

Termination of Employee on Sick Leave

A harvester who was dismissed by a letter dated January 14th 2016 which she claimed not to have received, following an absence review meeting on December 18th 2015 was found not to have been unfairly dismissed (Ref ADJ - 00003563).

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Co. Leitrim

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

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