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28 Oct

Posted at 10:37h in Uncategorized
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Two WRC Decisions published this month make useful reading on the necessity for employees to have exhausted internal grievance procedures before resigning, in order to succeed with a constructive dismissal claim. There is also a useful summary of relevant case law in the first decision reviewed....

06 May

Posted at 11:51h in dismissal, employment law
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With Google recently announcing plans for a fast tracked and earlier return to the office for its employees in the US, having previously being one of the first large tech Companies to go remote last year, many other employers are also now advanced with their planning on how they are going to manage this transition back to the office, and particularly how they will deal with employees who do not want to return. A WRC decision earlier this year may be of interest (Ref ADJ-00028293)....

02 Nov

Posted at 12:10h in dismissal, workplace investigations
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A successful appeal to the Labour Court for a constructive dismissal claim resulted in the Adjudication Officer's decision being overturned and compensation of €10,000 being awarded to a former Training Co-Ordinator/Instructor who had been employed by the Rehab Group for 17 years before she resigned in 2018 due to the behaviour of a colleague. (Ref UDD2026)...

06 Sep

Posted at 15:14h in dismissal
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Despite current skills shortages and employment figures being close to full employment, redundancy related complaints still arise and two recent decision by the Labour Court and WRC, are an useful reminder for the need to apply correct and fair selection criteria and processes, when making employees redundant....

09 Mar

Posted at 15:12h in dismissal, unfair dismissal
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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 ...

27 Feb

Posted at 15:14h in dismissal, unfair dismissal
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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....

24 May

Posted at 19:29h in dismissal
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As per recent WRC decision (Ref ADJ- 00000091) a successful constructive claim requires the claimant to prove that it was reasonable in light of their employer's unreasonable behaviour to breach their contract of employment and constructively dismiss themselves....