Employee Awarded 1/3rd of Loss – WRC Prepared to Accept that One of Three Reasons for his Dismissal was his Application for Paternity Leave
The Complainant in Mark Maunders v Overhead Doors Ireland Limited ADJ-00033788 brought an unfair dismissal complaint against his former employer, alleging that he was dismissed for a combination of three reasons, one of which was because he had applied for two weeks’ paternity leave.
Employer Justified in Increasing Sanction from Final Written Warning to Summary Dismissal on Appeal
In Martin Browne v Egis Road and Tunnel Operation Ireland Limited ADJ-00019705 the Complainant was issued with a Final Written Warning and a two-week unpaid suspension from work.
Employer Found to be Justified in not Selecting Complainant with Disability for Role
William Morris v Iarnrod Eireann Irish Rail ADJ-00027184 is an interesting recent decision from the Workplace Relations Commission (“WRC”) which examined whether an employer’s decision not to hire someone with a disability was justified on the basis of its medical policy in the context of a safety critical role.
Right to Statutory Redundancy Payment Distinct and Separate from Right to Redress Under Unfair Dismissals Act
Facts: The Complainant was a Fleet Training Manager who was employed with the Respondent for 15 years prior to his dismissal.
“No-Fault Dismissal” Deemed to be Substantively Unfair
In Caroline Mcaree v Newbrook Nursing Home Ulc Drumbear Lodge Nursing Home ADJ-00030614 the Complainant submitted a complaint under the Unfair Dismissals Acts 1977-2015 (the “Acts”) that she was unfairly dismissed without reason or explanation.
Long Awaited – Sick Leave Act 2022
The highly anticipated Sick Leave Act (“the Act”) was finally signed into law by the President on 22 July this year, however the provisions of the Act are not due to commence until 2023.
Dismissal Upheld but Date of Dismissal Amended Which Cost the Employer
In the case of Tara Keating v. Camfil (Ire) Ltd ADJ-00030501 the Adjudicator agreed that the dismissal date was in fact after the outcome of the disciplinary appeal, rather than as per the outcome of the disciplinary hearing.
Constructive Dismissal Finding, but What More Could the Employer Have Done?
The Complainant in Frank O’Dwyer v Tesco Ireland ADJ-00034404 brought a constructive dismissal complaint against his former employer, Tesco Ireland, alleging that he was left with no alternative but to terminate his employment because of bullying on the part of the Store Manager.
Dismissal of Employee With Autoimmune Disease During Covid 19 Deemed Discriminatory
In the recent WRC case of Damien O’Sullivan v Fg Wilson Engineering (Dublin) Limited – ADJ-00030123 an employee was awarded €41,076.00 for a dismissal that was deemed to be a discriminatory dismissal in breach of the Employment Equality Acts 1998-2015.
Fixed-Term Worker entitled to Contract of Indefinite Duration Despite Breaks in Service
In Alessio Caratti O Garatti v Dublin Institute for Advanced Studies (“DIAS”) the Complainant was employed by the Respondent as a Postdoctoral researcher on a number of Fixed Term contracts in the years 2014 to 2021.