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....
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....
The barman who was working to fund his college studies was dismissed after two weeks service during which he was unaware that there were any problems with his work and concluded that everything had changed very quickly after he told the bar manager that he was gay. (Ref Dec- E2015-141)...
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....
For a change, a report on a recent case where the EAT determined that a dismissal of an air line check in operator for breaches of procedures had been fair and the claimant's appeal against his dismissal failed....
In a recent case (UD 346/2013) where a Purchasing Assistant with over 12 years service was awarded €19,000 for unfair dismissal because she had sent confidential emails to her husband, even though the information was not used by her husband or of use to him, a number of process issues were highlighted that are useful to review....
In a recent case(UD 1758/2012)the EAT determined that an employer had acted reasonably after it dismissed an employee who had been absent for over two years....
In a recent case (UD1425/2012) a chef who had worked in a nursing home for almost 4 years was awarded €30,000 as the disciplinary process conducted was fundamentally flawed and prejudicial to the claimant....
This month I will be looking at some topical workplace cases in respect of the Xmas holiday season. A gas fitter had his appeal against his dismissal turned down by the EAT recently (UD888/2013)in respect of his refusal to work on Xmas Day 2012 as per a roster that had been published the previous February....
In this appeal (UD 826/2013) against a previous Rights Commissioner Recommendation the employee's dismissal whilst deemed to be harsh was not held to be unfair as per the Unfair Dismissal Acts...
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