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”).
Recent Caselaw: Mandatory Retirement Ages and Post- Retirement Fixed Term Contracts
This article discusses a recent Workplace Relations Commission “WRC” decision and a recent Labour Court decision on the knotty subject of mandatory retirement ages.
WRC Awards €1,000 for Two Day Delay by Respondent in Responding to Remote Working Request
In the recent decision of Thomas Farrell v Salesforce (ADJ-00052842), the Workplace Relations Commission (“WRC”) found that the Respondent’s failure to respond to a request for remote working within the four-week deadline breached the Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”). Our previous article on the Act can be found here.
WRC Finds Contract was Frustrated as Employee Could Not Find Accommodation in Dublin – No Unfair Dismissal
Francisco Martin Santano v Enable Ireland Sandymount School (ADJ-00050049) concerned a complaint under the Unfair Dismissals Acts 1977-2015.
WRC Finds Employer Used Redundancy as “Cloak” to Exit Senior Employee in Ireland
In Mark Langham v JMK Group (ADJ-00047192) the Workplace Relations Commission (“WRC”) awarded €125,000 in compensation under the Unfair Dismissals Acts 1977-2015 (the “Acts”) after finding that the Complainant was unfairly dismissed under the “cloak” of redundancy.
Proposed Changes under the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024
In 2021, the Minister for Children, Equality, Disability, Integration and Youth announced a comprehensive review of the equality legislation with a view to the promotion of equality and the elimination of discrimination.
WRC Deems Contractor to be an Employee Despite A Contract Existing Between Two Limited Companies
In Paul Lingard v Randridge International Ltd (In Examinership) (ADJ-00053934), the Workplace Relations Commission (“WRC”) found that a contractor satisfied the test for an employee set out by the Supreme Court in Revenue Commissioners v Karshan Midlands (Ltd t/a Domino’s Pizza) [2023] IESC 24. Although the contractual relationship was between two limited companies, the WRC …
Government Publishes New Bill on Contractual Retirement Ages
The Government has published the new Employment (Contractual Retirement Ages) Bill 2025 (hereinafter referred to as the “Bill”). This Bill is still making its way through Dail Eireann and is yet to be enacted, however it is prudent for employers to familiarise themselves with the proposed changes.