HR’s Control of the Process Removed Its Independence – Labour Court Increases WRC Award by over €10,000
In the recent decision of the Labour Court in the case of Frederick Hobson v Praxis Care, UDD2172 the Labour Court was so critical of the Respondent not subjecting the other employee involved in the incident to investigation or disciplinary process and its failure to facilitate an independent process, that it increased the award from €20,000 to …
Supreme Court Confirms Broad Scope of the Protected Disclosures Act & Finds the Code of Practice Is Wrong
On 1st December 2021, the Supreme Court in Baranya v. Rosderra Meats found in favour of the Appellant and directed the case back to the Labour Court. The Supreme Court held that the Code of Practice on Protected Disclosures misstates the law and does not accurately reflect the terms of what the Protected Disclosures Act …
WRC Increases Burden On Employers When Upholding Constructive Dismissal Claim
In the recent decision of the Workplace Relations Commission (“WRC”) of Jennifer Healy v De Paul, ADJ00026357 the WRC found in favour of the Complainant’s constructive unfair dismissal complaint, despite the Complainant’s failure to exhaust all internal procedures available to her.
Employee who worked one month awarded €200 for lack of breaks
Facts: The Complainant was employed as a photographer with the Respondent, who operates a “Santa’s Grotto Experience”, from 22nd November 2019 to 23rd December 2019.
Update: Sick Leave Bill 2021
The details of the highly anticipated Sick Leave Bill (“the Bill”) were recently published by the Department of Enterprise Trade and Employment. The Bill will see the introduction of mandatory employer Statutory Sick Pay scheme (“SSP Scheme”) for the first time in this jurisdiction. The Bill provides for an entitlement to a minimum period of …
Updated Work Safely Protocol
On 22 October 2021 the Tánaiste and Minister for Enterprise, Trade and Employment, Leo Varadkar TD, published an updated Work Safely Protocol. This is the fourth revision since the Protocol was first published in May 2020 and follows shortly after the third revision that was published on 17 September 2021. It is based on recent …
Covid-19 Pandemic Unemployment Payment Update
The Covid-19 PUP closed to new applicants from 8th July 2021. There has been gradual reduction in the PUP rates. As per the recent notification, the current rates of PUP are as below:
Labour Court Awards €75,000 For Discriminatory Dismissal For Failure Of Employer To Prove That Altered Role Was Not Viable
In the recent decision of the Labour Court in the case of Kevin Roberts v United Parcel Service of Ireland Ltd, ADE/20/115, the Court overturned the decision of the WRC Adjudicator, deciding that the dismissal of Complainant was discriminatory dismissal, and he was not afforded reasonable accommodation.
Employee Awarded €25,000 For Employer’s Failure To Objectively Justify Retirement Age
Facts: The Complainant, Anthony Kenny commenced employment with the Respondent, Bord Na Mona Plc, on 15th May 1975, as a General Operative until he retired in April 2020. He thereafter requested to work beyond his retirement age. A meeting was convened in December 2019 and a correspondence declining his application was issued to him. The application was declined on the …
Labour Court Finds Company’s Mandatory Retirement Age Justifiable
Facts: The Complainant commenced employment with the Respondent Company as a Service Engineer on 1st September 1989. His employment ceased due to his reaching his 65th birthday on 21st January 2020. The Complainant initiated a claim against his former employer under the Employment Equality Acts 1998-2015 (the “Act”). He claimed that he was discriminated against on the basis of …
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