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Legal Developments - Law Firm Thought Leadership by Anne O'Connell Solicitors

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WRC Finds Employer Used Redundancy as “Cloak” to Exit Senior Employee in Ireland

Anne O'Connell Solicitors | June 13, 2025

 In Mark Langham v JMK Group (ADJ-00047192) the Workplace Relations Commission (“WRC”) awarded €125,000 in compensation under the Unfair Dismissals Acts 1977-2015 (the “Acts”) after finding that the Complainant was unfairly dismissed under the “cloak” of redundancy.

Proposed Changes under the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024

Anne O'Connell Solicitors | June 13, 2025

In 2021, the Minister for Children, Equality, Disability, Integration and Youth announced a comprehensive review of the equality legislation with a view to the promotion of equality and the elimination of discrimination.

WRC Deems Contractor to be an Employee Despite A Contract Existing Between Two Limited Companies

Anne O'Connell Solicitors | June 13, 2025

In Paul Lingard v Randridge International Ltd (In Examinership) (ADJ-00053934), the Workplace Relations Commission (“WRC”) found that a contractor satisfied the test for an employee set out by the Supreme Court in Revenue Commissioners v Karshan Midlands (Ltd t/a Domino’s Pizza) [2023] IESC 24. Although the contractual relationship was between two limited companies, the WRC …

Continue reading “WRC Deems Contractor to be an Employee Despite A Contract Existing Between Two Limited Companies”

Government Publishes New Bill on Contractual Retirement Ages

Anne O'Connell Solicitors | June 13, 2025

The Government has published the new Employment (Contractual Retirement Ages) Bill 2025 (hereinafter referred to as the “Bill”). This Bill is still making its way through Dail Eireann and is yet to be enacted, however it is prudent for employers to familiarise themselves with the proposed changes.

WRC Awards Two Years’ Compensation to Employee Who Was Dismissed Without Cause

Anne O'Connell Solicitors | June 13, 2025

In the recent decision of Maria Inmaculada De La Torre Ruiz v Hamilton UK Services Limited (ADJ-00049851), the Workplace Relations Commission (“WRC”) found that the dismissal of the Complainant without cause was unfair. She was awarded maximum compensation in the amount of €145,122, equivalent to two years’ remuneration.

High Court overturns Labour Court Decision in High Profile Debenhams Case

Anne O'Connell Solicitors | June 13, 2025

Background: In Debenhams Retail Ireland Limited (In Liquidation) v Jane Crowe [2025] IEHC 141, Barr J. reversed a decision of the Labour Court which found that Debenhams Retail Ireland (“the Appellant”) owed their former employee, Jane Crowe, (“the Respondent”) €1,140 for a breach of its obligations under section 9 the Protection of Employment Act, 1977 …

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WRC Find it is Not Unlawful for Employer to Enforce Mandatory Retirement Age, Despite Shortcomings in Following Code of Practice

Anne O'Connell Solicitors | June 13, 2025

Eugene McEnery v Partners in Logistics Ltd (ADJ-00052442) concerned an employee who alleged he was subjected to discriminatory treatment by his employer on the grounds of his age, when he was forced to retire six months after reaching the age of 65. This case was brought before the Workplace Relations Commission (“WRC”) under the Employment …

Continue reading “WRC Find it is Not Unlawful for Employer to Enforce Mandatory Retirement Age, Despite Shortcomings in Following Code of Practice”

HSE found not to be Data Controller of Non- Work Related Personal Data of Employee

Anne O'Connell Solicitors | June 13, 2025

Background: In the recent case of Eamon McShane v Data Protection Commission [2015] IEHC 19, the High Court upheld a decision of the Data Protection Commissioner (“DPC”) which dismissed a complaint by Mr. McShane (the “Applicant”) on the basis of a finding that the HSE was not the “data controller” in respect of non-work related …

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WRC Finds Employer Liable for Sexual Harassment of Employee on Staff Night Out

Anne O'Connell Solicitors | June 8, 2025

In An Employee v A Café (ADJ-00047296), the Workplace Relations Commission (“WRC”) made an award of €12,000 in compensation to the Complainant, a former café worker, following a complaint of sexual harassment arising from a work night out under the Employment Equality Acts 1998-2015 (the “Acts”).

WRC Orders Reinstatement of Employee who was Unfairly Dismissed

Anne O'Connell Solicitors | June 8, 2025

In Nkemka Patrick Okachi v Sodexo Ireland Limited (ADJ-00045306), the Workplace Relations Commission (“WRC”) ordered reinstatement of the Complainant following a finding that he had been unfairly dismissed.

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