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Claim Against Employer for Discriminatory Dismissal during Maternity Leave Fails as WRC found Employee had Resigned

| June 27, 2023

The recent WRC case of Svetlana Grodzicka v Astra Leisure and Ultra Fresh Services Limited – ADJ-00029417 involved allegations of discrimination on the grounds of family status and gender.

Period of Unpaid Lay-Off Disregarded in Calculating Payment In Lieu of Notice

| June 27, 2023

Facts: The Complainant was employed by the Respondent from November 1989 until March 2020 when she was was laid off due to the Covid-19 pandemic.

Labour Court Varies Redress Ordered by WRC, Replacing Compensation for Reinstatement Despite “Misgivings”

Anne O'Connell Solicitors | June 27, 2023

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

Anne O'Connell Solicitors | June 27, 2023

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

Anne O'Connell Solicitors | June 27, 2023

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

| June 27, 2023

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

| June 27, 2023

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

| June 27, 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

| June 27, 2023

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

| June 27, 2023

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.

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