Update – Work Life Balance and Miscellaneous Provisions Act 2023

The Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”) was signed into law by the President on 4th April 2023.

WRC Applies High Bar In Rejecting a Constructive Dismissal Claim

WRC Adjudicator emphasises the high bar that must be met by a Complainant in a constructive dismissal claim. He details the case law and applied both tests in his decision, finding that the evidence did not illustrate unreasonableness required on the part of the employer nor did it illustrate a breach of contract.

Labour Court Finds Redundancy To Be An Unfair Dismissal Decision As No Meaningful Effort To Consider Alternative Options

This was an appeal by the Respondent, Cuan Tamhnaigh Teoranta, to the Labour Court of a Workplace Relations Commission (“WRC”) decision in which the Adjudication Officer found that the Complainant, Mr Declan McShane, had been unfairly dismissed from his employment with the Respondent. The Adjudication Officer awarded the Complainant €12,000 in compensation.

Courier Deemed To Be An Employee And Successful In Unfair Dismissal Claim But Misses Out On Substantial Award For Failing To Mitigate His Loss

In the case of John Read v. Speedking Couriers Ltd t/a Fastway, the Complainant had his contract terminated with one week’s notice and without the application of any procedure whatsoever by the Respondent Company.  The Complainant brought a claim for Unfair Dismissal which was not upheld at the WRC but the Complainant was not in attendance due …

High Court Injunction Seeking to Dismiss Employee’s Personal Injury Claim Refused Regardless of Her Having Signed A Waiver Agreement

In the High Court case of Philomena Hennessy (the “Plaintiff”) v. Ladbrooks Payments (Ireland) Ltd and Ladbrooks (Ireland) (the “Defendants”, Ms Justice Bolger refused to grant a High Court Injunction seeking to dismiss the Plaintiff’s personal injury case regardless of the fact that she had signed a Waiver Agreement.

Mandatory Retirement Age Held Discriminatory on Age & Gender Grounds – One year’s pay awarded

In its recent decision in the case of Doreen Nolan v Alsaa, ADJ-00029859 on the issue of mandatory retirement ages, the WRC awarded a female employee one year’s pay as compensation for discrimination on the grounds of both age and gender.

WRC Limited Award For Unfair Dismissal Due to Employee’s Decision Not to Properly Mitigate Loss

In the recent decision of Martin Gillen v. Derek Daly Construction Ltd ADJ-00029984 the Complainant was held to have been unfairly dismissed as the Respondent failed to follow any procedures in respect of his dismissal, which involved a serious instance of gross misconduct by the Complainant. As the Complainant limited the amount he worked, after his dismissal, …

The Transitional Protocol: Good Practice Guidance for Continuing to Prevent the Spread of COVID-19 at Work

On 31 January 2022 the Department for Enterprise, Trade and Employment, published The Transitional Protocol: Good Practice Guidance for Continuing to Prevent the Spread of COVID-19 (“The Protocol”), an update to the Work Safely Protocol last published 14 January 2022.

Award of Two Years’ Compensation For Unfair Dismissal Reduced by 40% Due To Employee’s Contribution

In the recent decision of Robert Libera v Regeneron Ireland DAC, ADJ-0023417, the WRC determined that although the Complainant had been unfairly dismissed for gross misconduct, he had contributed to his dismissal and therefore reduced the award by 40%.

Substantial Award by WRC Highlights Requirement For Redundancy Consultation Even In Circumstances Involving Closure

Facts: This was an unfair dismissal case in which the Complainant, Mr Ray Walsh, claimed that his dismissal by the Respondent, Econocom Digital Limited, was a sham redundancy and fair procedures were not followed.