Advocate General Delivers Controversial Opinion Regarding Minimum Wage Directive
Published in the Irish Employment Law Journal 2025, volume 22 Issue 2, pgs 41-42 Advocate General (“AG”) Nicholas Emiliou delivered his opinion on 14 January 2025 in Kingdom of Denmark v European Parliament and Council of the European Union, a recent action concerning Directive (EU) 2022/2041 on adequate minimum wages in the European Union (the …
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CJEU Rules Employers Are Required To Provide Reasonable Accommodation To Employees Who Are Caregivers Of Their Child With A Disability
Published in the Irish Employment Law Journal 2025, volume 22 Issue 3, pgs 69-71 The Court of Justice of the European Union (the “CJEU”) delivered judgment on 11 September 2025 in the case of G.L. v AB SpA (C-38/24), which concerned a preliminary ruling request from the Supreme Court of Cassation, Italy. The request for …
WRC lifts Statutory Cap of €13,000 in Employment Access Case and awards €40,000 instead
In a recent decision of the Workplace Relations Commission (WRC) in the case of Noel O’Connell v National Council for Special Education (ADJ-00042837), the National Council for Special Education (NCSE) was found to have indirectly discriminated against a deaf applicant for the role of “Advisor Deaf/Hard of Hearing (ISL)”.
Labour Court Upholds Decision of WRC that Company Sick Pay Scheme was less favourable overall than Statutory Sick Pay Scheme.
The Labour Court recently considered an appeal of a Workplace Relations Commission (“WRC”) decision in Ann Britton v. Amcor Flexibles Ltd ADJ-00050138. The complaint was in relation to the Sick Leave Act 2022 (“the Act”). The WRC Adjudicator had found that the company sick pay scheme (“CSP scheme”) overall was not more beneficial than the …
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.