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Employer Failed to Provide Reasonable Accommodation to Employee Suffering with Alcoholism

| June 27, 2023

Eamon Murphy v Michael Connolly & Sons Limited Supervalu Supermarket is a recent Workplace Relations Commission (“WRC”) case concerning alleged discrimination on the grounds of disability,

WRC Discrimination Finding where Art Teacher was Replaced with her Maternity Leave Substitute

| June 27, 2023

In the case of Sarah Adam v Dublin and Dun Laoghaire Education and Training Board ADJ-00028925 the Workplace Relations Commission (“WRC”) was very critical of the interview process carried out by the Respondent school board following the Complainant’s return from maternity leave.

WRC Permitted Amendment to Complaint Form to Reflect Alternative Legislation as Basis for Claim

| June 27, 2023

Conor Williamson v David Stone and Carol Stone t/a Ashton Dog Pound and Warden Service came before an Adjudicator of the Workplace Relations Commission (“WRC”) in October 2021 and again in June 2022.

WRC Upholds Victimisation Complaint and Orders Respondent to Appoint Complainant to the Role

| June 27, 2023

In Tara McManus v Garda Representative Association ADJ-00028686 the Complainant claimed that she had been unlawfully discriminated against on the basis of her gender in her application for the position of Assistant to the General Secretary of the Respondent.

Employee Awarded 1/3rd of Loss – WRC Prepared to Accept that One of Three Reasons for his Dismissal was his Application for Paternity Leave

| June 27, 2023

The Complainant in Mark Maunders v Overhead Doors Ireland Limited ADJ-00033788 brought an unfair dismissal complaint against his former employer, alleging that he was dismissed for a combination of three reasons, one of which was because he had applied for two weeks’ paternity leave.

Employer Justified in Increasing Sanction from Final Written Warning to Summary Dismissal on Appeal

| June 27, 2023

In Martin Browne v Egis Road and Tunnel Operation Ireland Limited ADJ-00019705 the Complainant was issued with a Final Written Warning and a two-week unpaid suspension from work.

Employer Found to be Justified in not Selecting Complainant with Disability for Role

| June 27, 2023

William Morris v Iarnrod Eireann Irish Rail ADJ-00027184 is an interesting recent decision from the Workplace Relations Commission (“WRC”) which examined whether an employer’s decision not to hire someone with a disability was justified on the basis of its medical policy in the context of a safety critical role.

Right to Statutory Redundancy Payment Distinct and Separate from Right to Redress Under Unfair Dismissals Act

| June 27, 2023

Facts: The Complainant was a Fleet Training Manager who was employed with the Respondent for 15 years prior to his dismissal. 

“No-Fault Dismissal” Deemed to be Substantively Unfair

| June 27, 2023

In Caroline Mcaree v Newbrook Nursing Home Ulc Drumbear Lodge Nursing Home ADJ-00030614 the Complainant submitted a complaint under the Unfair Dismissals Acts 1977-2015 (the “Acts”) that she was unfairly dismissed without reason or explanation.

Long Awaited – Sick Leave Act 2022

| June 27, 2023

The highly anticipated Sick Leave Act (“the Act”) was finally signed into law by the President on 22 July this year, however the provisions of the Act are not due to commence until 2023.

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