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.
WRC Finds Withholding of Ex-Gratia Payment, As Employee Refused to Sign Agreement, Amounted to Penalisation
In the recent decision of Robert Farrell v Modus Link Kildare Unlimited Company, ADJ-00032100, the WRC determined that the withholding by the Respondent of an ex-gratia payment because of the Complainant’s ongoing personal injuries claim against the Respondent constituted penalisation under section 27 of the Safety, Health and Welfare at Work Act 2005 (the ‘Act’).
Heads of Bill Published for Right to Request Remote Working Bill 2021
The Covid-19 Pandemic has seen remote working become a staple of the Irish workplace and with it, the Government has reiterated its commitment to its Remote Working Strategy. On 25th January 2022, the Department of Enterprise, Trade and Employment published the eagerly anticipated draft Scheme of the Right to Request Remote Working Bill 2021 (the “Bill”), …
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Dismissal Held To Be Disproportionate Sanction, Yet Award Reduced As Employee Contributed To His Dismissal
Facts: The Complainant was appointed as a cargo surveyor with the Respondent on 1st April 2004 and was promoted to Operations Manager in 2006. He was second in command to the General Manager, and he was not allowed take holidays when the General Manager was absent. However, arrangements had been previously put in place to allow …
Redundancy Payments (Amendment) Bill 2022
The Redundancy Payments (Amendment) Bill 2022 (“the Bill”) was published on the 21st January 2022. The proposed legislation will amend the Redundancy Payments Act 1967 to provide for payments from the Department of Social Protection to employees who were laid off during the Covid-19 emergency period, beginning on 13 March 2020 and ending on 30 September 2021.
Employee Re-instated by WRC as Redundancy Process Deemed a Sham
In the recent WRC decision of Colin Dominic Kearns v Ata Tools, ADJ-00030876, Adjudication Officer Brian Dalton determined that although there was a genuine redundancy situation, the Respondent used the process to target the Complainant and therefore it was deemed to be an unfair dismissal.
Reminder Re Gender Pay Gap Information Act 2021
As noted in our newsletter earlier this year, the Gender Pay Gap Information Act 2021 (the “Act”) was finally signed into law on the 13th July 2021. The Act amends the Employment Equality Act 1998 and will require regulations compelling certain employers to publish information relating to the remuneration of their employees by reference to their …
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Issues And Payments To Be Aware Of Re Latest Restrictions
On 17th December 2021, the latest restrictions were introduced which will have an adverse impact on the income for a number of businesses and their employees. Employers have had to lay off employees already and others are likely going to have to make layoffs in January. In anticipation of this, the Government announced significant expansion of …
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Reeling In The Year 2021
It is appropriate at this time of the year to look back at some of the developments and the important cases that have shaped the landscape of employment law in Ireland in 2021.