WRC Orders Tesco to Re-Engage Worker Dismissed After Calling Manager “Useless”
In the recent high profile decision of the Workplace Relations Commission (“WRC”) in Cathal Hussey v Tesco Ireland Limited (ADJ-00052619), Tesco has been ordered to re-engage a worker who was dismissed after calling his manager “useless”. Facts: The Complainant had 16 + years service with the Respondent prior to the decision to dismiss. In terms …
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WRC Condemns Sham Redundancy Carried out by Football Club in “Ruthless and Dishonest Manner”
David Henderson v The Bohemian Football Club CLG (ADJ-00056820) concerned an employee of the Respondent football club who claimed he was unfairly dismissed in a sham redundancy process, in the absence of any fair procedures. The Complainant submitted his complaint to the Workplace Relations Commission (“WRC”) under the Unfair Dismissals Acts 1977-2015. Facts: The Complainant …
Finance Manager Dismissed after Making Protected Disclosure Awarded €34,737
In a recent case A Finance Manager v A Charity (ADJ-00051548) the Complainant claimed he was unfairly dismissed and submitted a complaint to the Workplace Relations Commission (“WRC”) under the Unfair Dismissals Acts 1977-2015. Because the Complainant had less than a year’s service, ordinarily he would not have the protection of the Unfair Dismissals Acts. …
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WRC Finds Unfair Dismissal where Employer Failed to Engage with Employee during Period of Absence
In Barry Colclough v Grange Mockler Holdings Ltd t/a Lanigan’s Bar (ADJ-00050044) the Complainant claimed that he was unfairly or constructively dismissed from his employment as Head Door Supervisor with the Respondent in breach of section 8 of the Unfair Dismissals Acts 1977 – 2015.
Seconded Employee Succeeds in Unfair Dismissal Claim Due to Failure in Investigation of Complaints
In the recent decision of Krzysztof Machinkowski v Spectrum Telecom Installations Limited (ADJ-00052842), the Workplace Relations Commission (“WRC”) found that the Complainant was unfairly dismissed from the Respondent’s client placement due to the failure of either the Respondent or the client to carry out a proper investigation. The Complainant was on a final written warning …
One Year’s Remuneration Awarded to Marketing Manager Demoted Following her Return to Work from Maternity Leave
In A Marketing Manager v A Drinks Retail Company (ADJ-00051379), the Workplace Relations Commission (“WRC”) found that the Complainant was discriminated against by her employer on the grounds of gender by not being returned to her position following maternity leave, contrary to section 26 of the Maternity Protection Acts (the “Acts”).
Employee Put on Unpaid Leave Pending Medical Assessment of Fitness to Work Wins Payment of Wages Claim
In Noel Kelly v Go Ahead Bus Ireland (ADJ-0005112), the Workplace Relations Commission (“the WRC”) found for the Complainant Mr Kelly in a Payment of Wages claim. The Complainant was not paid by his employer while an investigation took place surrounding his fitness to work. The WRC Adjudicator, Catherine Byrne, found that the Complainant ought …
Employer Successfully Defends Claim of Sexual Harassment Due to its Post-Incident Actions
This case Serhat Aksakal v. Kivaway2 Limited trading as the Odeon (ADJ-00053151) concerned a complaint under the Employment Equality Acts 1998-2015 (“the Acts”). The Complainant claimed the Respondent discriminated against him on the grounds of his gender, in circumstances where he was subjected to sexual harassment in the workplace. He also lodged a Payment of …
WRC Finds Employer Breached TUPE Regulations by Unilaterally Changing Employee’s Terms and Conditions of Employment
In Kathy Coleman v Cáirde Credit Union Ltd (ADJ-00054649), the Complainant brought a number of complaints alleging that the Respondent breached the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (“TUPE Regulations”). The Complainant alleged that the Respondent unilaterally changed the terms and conditions of her employment and had dismissed her through …
Significant Award for Breaches of Organisation of Working Time Act
In the recent decision of Mark Alcock v Knights Tower Trading (ADJ-00049112), the Workplace Relations Commission (“WRC”) made an award of €34,999.99 for multiple breaches of the Organisation of Working Time Act 1997 (the “Act”).