Covid 19 – A timely reminder of employer obligations in respect of layoff, short time and redundancies
The first part of May saw a number of developments in relation to returning employees to work including the publication of the Government’s “Roadmap for reopening society and business” on 1st May and the subsequent publication of the “Return to Work Safety Protocol” on 9th May. For further detail on these developments and employer obligations upon returning employees to …
Covid-19 and Employment Law – Milestones in May
May has been a very busy month from an employment law perspective. There have been a number of government announcements and updates that directly impact employer and employee obligations and entitlements. These updates are summarised below:
WRC Held Unfair Selection For Redundancy As Employer Failed To Prove Criteria Justifying…..
The Complainant has just over one and half years of service with the Respondent and was made redundant, while a colleague with lesser service with the Respondent was retained. The Complainant claimed the personal animus between her and the new Managing Director and her request for salary increase has influenced her selection for redundancy.
Interesting Decision On Extension Of Employment Post-mandatory Retirement Age
The Complainant was employed as Operations Manager from 1982 to 17th June 2019 and was paid €54,451.92. The Respondent has a mandatory retirement age of 65 years. The Complainant was due to turn 65 years on 14th June 2017. He requested the HR that he wished to remain in employment and received a written contract for that …
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Max Two Years’ Salary Awarded For Discriminatory Dismissal
On 20th March 2019, the Respondent terminated the Complainant’s employment with immediate effect for alleged failure by the Complainant to furnish medical certificates for a period of 18 days. The Complainant was a full time counter hand/ shop assistant with the Respondent from 2nd June 2015.
Significant Constructive Dismissal Decision – Award included financial loss while on unfit to work
The Complainant was employed by the Respondent for just under 29 years. The Respondent operates a hotel/guesthouse and conference centre. The Complainant had no written contract of employment but held the most senior position – Manager/General Manager before the Respondent hired a CEO and carried out a restructure. The Complainant’s responsibilities were transferred to the …
Bartender Awarded One Year’s Pay For Dismissal After Serving Alcohol To An Underaged Customer
The Complainant commenced employment with the Respondent pub in March 2014 as a Bar Tender. On 4th July 2019, the Respondent alleged that the Complainant served alcohol to two customers who were under the age of 23 years without asking for age identification and they turned out to be 17 years old and 18 years old. …
€104,000 awarded to Employee for Unfair Dismissal due to Employer’s Conduct
The Complainant was employed as the Operations Director for the Respondent and had been employed by the Respondent for 26 years. The Complainant had a close personal relationship with Mr C, the owner and knew him for about 31 years and he was the godfather of the Complainant’s only daughter.
WRC Awards €45,000.00 in Discrimination Dismissal Claim on top of Statutory Redundancy Payment
The Complainant commenced employment with the Company (a producer and retailer of specialised pork products) in September 2005, starting as a general operative and before her employment was terminated in May 2019, she held the position of supervisor.
Reopening the workplace – The New Normal
Practical tips on implementing the governments Return to Work Safety Protocol