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WRC Upholds Unfair Dismissal Complaint – Fixed Term Contract Did Not Contain Appropriate Waiver

| August 22, 2023

A Worker v A Health Service Provider ADJ-00037789 concerned a complaint to the Workplace Relations Commission (“WRC”) under the Unfair Dismissals Acts 1977 –2015 (the “Acts”). The Complainant argued that she was unfairly dismissed after being assured that her post would be made permanent over time.

High Court Finds that School Principal Should be Reinstated after Eleven Years

| August 22, 2023

The High Court has recently upheld the decision of the Labour Court that a Principal of a primary school was unfairly dismissed, eleven and a half years after he was first placed on administrative leave. In An Bord Banistíochta, Gaelscoil Moshíológ v The Labour Court [2023] IEHC 484, the High Court (Cregan J.) described the case as …

Continue reading “High Court Finds that School Principal Should be Reinstated after Eleven Years”

Supreme Court Finds that HSE was Reasonable in Suspending Consultant

| July 25, 2023

The Supreme Court has recently considered the legal position relating to workplace suspensions in the case of Ray O’Sullivan v The Health Service Executive [2023] IESC 11.

Solicitor Awarded €30,000 for Dismissal from Firm while Pregnant

| July 25, 2023

The Workplace Relations Commission (“WRC”) case of Orla Howe v Colm Kelly, Healy Crowley Ahearn ADJ-00038992 was a complaint seeking adjudication under section 77 of the Employment Equality Act, 1998 (“Act”) in respect of the Complainant’s dismissal while pregnant.

WRC Orders Re-Engagement of Dismissed Employee

| July 25, 2023

Robert Newton v Go-Ahead Transport Services (Dublin) Limited ADJ-00043139 concerned a complaint to the Workplace Relations Commission (“WRC”) under the Unfair Dismissals Acts 1977-2015. The Complainant argued that he was unfairly dismissed from the Respondent and that the Respondent failed to take account of mitigating circumstances.

Employee Subjected to Penalisation for Raising Serious Breach of Health and Safety Awarded €20,000

| July 25, 2023

The case of Patrick O’Connor v Wexford County Council ADJ-00040852 involved a complaint under Section 28 of Health and Safety at Work Act (the “Act”) by the Complainant that he was penalised by the Respondent for raising a health and safety complaint of a very serious nature.

Complainant Summarily Dismissed Due to Anticipated Breach of Non-Compete Clause Receives Unfair Dismissal Award

| July 25, 2023

The Complainant in Andrew Revell v Life and Balance Centre ADJ-00039884 was summarily dismissed for gross misconduct for being in breach or anticipated breach of his non-compete clause. 

Constructive Dismissal Claim Succeeds Even Without Exhausting Internal Procedures Due to Employer’s Conduct

| June 27, 2023

It is well established that in cases of constructive dismissal, an employee is generally expected to have exhausted his or her employer’s internal procedures before leaving employment.

Employee Fails in Her Claim of Lack of Reasonable Accommodation Due to Her Solicitor’s Letter

| June 27, 2023

The Adjudicator in this case found that the principles in Nano Nagle in relation to reasonable accommodation did not apply due to the Respondent receiving a letter from the Complainant’s solicitor early in her sick leave objecting to it contacting her while she was on certified sick leave.

Dismissal of Imprisoned Employee deemed Unfair as his Contract was Held Not to Have Been Frustrated

| June 27, 2023

The Complainant in Muiris Flynn v Iarnrod Eireann ADJ-00030195 brought an unfair dismissal complaint against his former employer, alleging that the purported rationale for his dismissal,

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