One TUPE Transfer, Two Different WRC Decisions re Whether Employee Resigned When Didn’t Sign New Contract
Two WRC decisions arising from the same transfer under the EC (Protection of Employees on Transfer of Undertakings) Regulations 2003 (“TUPE Regulations”) reached different outcomes on whether the lack of confirmation by the employee re transferring amounted to a resignation by the employee. The cases are Jason Franzoni v. Hibernia Homecare Ltd (ADJ-00056751) and Charlotte …
Employee Unfairly Dismissed by Employer Following Client Request to Remove Him from Site
Tony Molloy v Kaefer Limited (ADJ-00053834) is a recent unfair dismissal case that was before the Workplace Relations Commission (“WRC”). The Complainant brought the complaint under the Unfair Dismissal Acts 1977-2015 (the “Acts”) claiming his dismissal was both procedurally and substantively unfair. The Respondent denied this and claimed that his dismissal was necessary because it …
Reeling In The Year 2025
As we journey into 2026, it’s timely to reflect on some key developments and noteworthy cases that shaped Irish Employment law last year.
Auto-Enrolment Update
“MyFutureFund” Ireland’s new auto-enrolment pension system is now in effect as of 1st January automatically enrolling “eligible” employees.
Adjudicator Includes “lump sum” from Pension in Constructive Dismissal Compensation Award
Karen McHale v Mayo University Hospital (ADJ-00053715) involved a constructive dismissal complaint under the Unfair Dismissals Acts 1977 – 2015. The Complainant claimed that she was left with no option but to resign from her employment due to the Respondent’s treatment of her when a complaint was made against her under the Respondent’s grievance procedure. …
Irish Prison Service Ordered to Find Position for Prison Officer within Three Months
In Kim Dempsey v Irish Prison Service (ADJ-00043513) the Complainant brought a complaint under section 77 of the Employment Equality Acts (as amended) against her employer Irish Prison Service, for failing to provide her with reasonable accommodation following a workplace incident that left her unable to carry out her regular duties.
Auto-Enrolment is Nearly Here – What Does it Mean for Employers?
The Government’s new statutory retirement savings system will go live from 1st January 2026. The scheme known as MyFutureFund, will be overseen and administered by the National Automatic Enrolment Retirement Savings Authority (NAERSA). NAERSA will identify which employees meet the eligibility criteria for auto-enrolment using Revenue payroll data and will enrol them, which should result …
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WRC upholds Eircom’s defence in retirement age claim
In the case of Patrick Donnellan and Eircom Limited (ADJ-00051860) the Complainant brought a complaint under section 77 of the Employment Equality Act, challenging the Respondent’s enforcement of a mandatory retirement age of 65 and its refusal of his application for an extension of his contract.
Pharmacist Awarded €86,717 for Sexual Harassment where Respondent “wholly failed” to Protect Complainant from Continued Harassment
In A Female Complainant v The Health Service Executive (ADJ-00055810), the Workplace Relations Commission (the “WRC”) found that the Complainant was discriminated against by her employer on the grounds of gender. The Adjudicator, Conor Stokes, found that the Complainant was sexually harrassed by a senior colleague for over a year, and that the Respondent did …
WRC Upholds TUPE Complaint Four Years After the Transfer
In Sara Halpin v Robert & F Warren Ltd (ADJ-00058438), one of the claims that the Complainant sought adjudication from the Workplace Relations Commission (“the WRC”) was under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, commonly referred to as “TUPE Regulations”. Her claim was that she was never notified of …
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