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Legal Developments - Law Firm Thought Leadership by Anne O'Connell Solicitors

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Despite Seriously Flawed Procedures, Zero Compensation Awarded for Unfair Dismissal

| June 27, 2023

In Bridget Clarke v Paul Connolly[1], the Adjudicator found that the Respondent had unfairly dismissed the Complainant as he had not afforded the Complainant with her the basic rights of natural justice before making the decision of dismissal.

Labour Court Overturns WRC Finding of Discrimination – “Very Basis” for Complaint Not Well Founded

| June 27, 2023

David Aranda Petit Delice Limited v Jessica Padayachee – EDA2219 is a recent Labour Court appeal of a decision of the Workplace Relations Commission (“WRC”).

WRC Upholds Constructive Dismissal Complaint Following Employer’s Inadequate Response to Bullying Complaint

| June 27, 2023

In Jade Gannon v Fides Playhouse Limited[1], the Complainant issued three complaints against her former employer, including a claim for constructive dismissal under the Unfair Dismissals legislation.

Labour Court Increased Unfair Dismissal Award in Employer’s Appeal

| June 27, 2023

In the recent Labour Court case of Starrus Eco Holdings Limited t/a Panda/Greenstar v Ben Madichie, Determination No. UDD2247, the Respondent (employer) appealed the decision of a WRC Adjudicator,

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.

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