Labour Court Varies Redress Ordered by WRC, Replacing Compensation for Reinstatement Despite “Misgivings”
In Access IT CLG/Access IT v Andrea Galgey[1], the “Respondent” appealed the redress ordered by the Workplace Relations Commission (“WRC”) to the Labour Court (“Court”).
Sexual Harassment Claim Fails As Court Finds That Reasonable Steps Were Taken By The Employer
This case was a Labour Court (“Court”) appeal from three decisions of the Workplace Relations Commission (“WRC”) regarding complaints under the Employment Equality Acts, 1998-2015 (the “Acts”).
Unfair Dismissal Decision Reiterates the Importance of Fair Procedures
Facts: The case of Fit4Life Gym v Megan Healy[1] was an appeal to the Labour Court from a Workplace Relations Commission (“WRC”) decision awarding the Complainant compensation of €21,736 for unfair dismissal. At the time of her dismissal, the Complainant was earning €416.00 per week.
Intern on Work Experience Held Not to be Entitled to National Minimum Wage
Facts: The Complainant was an unpaid intern with the Respondent as part of work experience for his university degree.
Significant Award For Employee Dismissed due to Protected Disclosure
Facts: The Complainant commenced work on 5th August 2021 as a part-time receptionist in the smaller of the two veterinary practices owned by the Respondent. Only two staff were required at any one time, being a receptionist and vet.
New Sectoral Employment Order (Construction Sector) 2023
The Department of Enterprise, Trade and Employment recently published the Sectoral Employment Order (Construction Sector) 2023 (“the Order”) which has been approved by the Oireachtas.
Dismissal Within the Band of Reasonableness for Breaching Smoking Ban, but Deemed Unfair Due to Investigation
In the recent case of Darren Kiernan v Joseph Brennan Bakeries ADJ-00039331 the Complainant was dismissed for smoking in his personal van in the Respondent’s parking lot, rather than in the designated smoking shed.
Director Held to be an Employee and Awarded Compensation under Unfair Dismissals Acts
Facts: The Complainant was one of two original directors of the Respondent, Tile & Wood Factory Outlet (Limerick) Limited, along with her husband when the company was set up on 21st April 2016 as a single-member company.
Employer Directed to Amend Parental Leave Policy and Remove Requirement for Approval
The Workplace Relations Commission (“WRC”) case of Elizabeth O’Reilly v Avista CLG was brought under Section 18 of the Parental Leave Act 1998 (“the Act”) in respect of the Complainant’s persistent issues with her employer in respect of her applications for parental leave.
High Court Rules that Disciplinary Process Should Proceed, but Lifts Plaintiff’s Suspension
In Amanda Hennigan v An Comisiún Le Rincí Gaelacha [2023] IEHC 87, the Plaintiff applied to the High Court for an interlocutory injunction restraining the Respondent from pursuing disciplinary proceedings against her.