Anne O'Connell Solicitors > Dublin, Ireland > Firm Profile

Anne O'Connell Solicitors
19-22 Lower Baggot Street
DUBLIN 2
Ireland

Ireland > Employment Tier 2

Anne O’Connell Solicitors is a specialist employment law firm offering advice to a variety of clients, including multi-national companies, semi-state companies, small and start-up businesses. Services include advice on all contentious and non-contentious employment related issues, and representation before employment law statutory bodies, regulatory boards, the civil courts and mediation. Founder and principal Anne O’Connell has acquired in-depth knowledge of employment law over the past two decades and is regarded as a stand-out leader in the field. Senior associate Laura Reid regularly advises private and public sector clients on a diverse set of employment issues and also represents employers before the WRC and civil courts.

Practice head(s):

Other key lawyers:

Testimonials

‘The partners in the firm are readily available at all times to discuss, deliberate and act on issues that arise on a consistent basis which is key with the requirements of our business. There is clear communication given in an understandable and efficient manner.’

‘Anne O’Connell is accessible, available and efficient in the delivery in a clear understandable way of her views & expertise in the employment law sector.’

‘Anne O’Connell herself is very knowledgeable and tells you exactly what you need to hear rather than what you want to hear. Anne is very direct and to the point and in a solicitor representing us this gives us confidence and reassurance.’

‘Anne O’Connell was the stand out partner for us. Always available out of normal hours and over weekends when needed.’

‘We have received a very individualised personal service from AOC. Whilst always professional and prepared, there is also a warmth and collegiality which makes the engagement much more trusting.’

‘The team at Anne O’Connell solicitors are exceptionally responsive and knowledgeable when dealing with all client issues.’

‘Seamless communication between all members of team so that clients are helped at all times.’

‘We find that the service is 24 hours. Whenever assistance is required it is always addressed promptly and efficiently. The details of the work provided is always at a very high level and we are always satisfied with the service provided. We really enjoy the newsletter provided by the firm which is very informative and relevant.’

Key clients

Synergy Global Housing

Simtech Aviation Holdings

Doyle Collection Hotel Group

Integrity Communications Limited

Hunter Savage

DMG Ventures

Belfield Emergency Veterinary Hospital Ltd

Rathbane Golf Club

The Sporting Emporium

Childhood Development Initiative

King & Co Solicitors

Drogheda Medical Clinic

SecuriGroup (GES)

Affirma

Lagan Homes Ireland Limited

Arlington Novas Ireland CLG

Kdoc Medical

O’Brien Ingredients Limited

Marlin Hotel Group

AmaTech Group Ltd (part of Paragon Group)

Anconsi Ltd

Nursing Homes Ireland

Emerald Nursing

Fingal Harriers Hunt Club

Bergins Property Consultants

Gablestone Partners

ESB Group

Doyle Shipping Group

SoftCo

Sonoma Valley Ltd t/a GSLS

Northdoc Medical Services ( Edoc)

Dunraven Arms Hotel

McNally Handy & Partners Ltd

Mitie Facilities Management Limited

KMCS

Italicatessen

Kestra Electroweld

Laytown and Bettystown Golf Club

Async Technologies Limited t/a Tyrecheck

Avenir Analytics

Dublin Lettings and Management

Greystones Medical Centre

GSN Pharmacies Ltd

Hamwood Stud Unlimited

Hawthorn Village

Pace Language Institute

Kiltimagh Post office

Dr Andrew Halpin

Rayal

Work highlights

  • Advised ESB Group on various daily employment law matters, defending litigation and advised the Executive Director and Group Head of Legal on sensitive and confidential employment issues.
  • Advised Doyle Shipping Group on various potentially contentious employment law issues.
  • Advised GSLS on various employment law issues as and when they arise such as the implementation of redundancies and the employment law challenges during Covid-19, non-contentious issues such as the drafting and updating of contractual clauses and other documents.

Anne O’Connell Solicitors, also known as AOC Solicitors, is a leading and award-winning Irish specialist employment law firm. Established in 2017 by Principal, Anne O’Connell, the firm was ranked by The Legal 500 as a ‘Leading Employment Law Firm’ in Ireland in its first year and has been elevated in ranking each year.

The firm offers a full suite of employment law services including advice and representation in respect of all contentious and non-contentious employment related issues, providing a strategic approach to employment law issues focusing on advising clients on the best solution to achieve their objectives while meeting their commercial needs and business requirements. The team is fully focused on what its clients want to achieve.

The firm advises large multi-national companies, semi-state companies, small and start-up businesses. It also advises individual high-level employees facing employment law disputes, particularly executives and directors.

The firm strongly believes in being an accessible and a dependable resource for its clients. AOC Solicitors places a high value on being available 24/7 to avoid claims and therefore offers employer clients an Employment Law Hotline to encourage such clients to contact the firm with issues as they arise. AOC Solicitors prides itself on keeping its clients abreast of all employment law updates, producing a monthly e-Newsletter with the latest legislative amendments, superior court, and relevant WRC/Labour Court decisions.

Anne was honoured to receive the Lawyer ‘Monthly Women in Law 2020 Award for Employment Law’ in Ireland for the second year running. Anne acquired in-depth experience from every angle in employment law through the various firms in which she has practised, and this has given her a high-calibre strategic and practical approach to employment law issues.

Anne is an active member of the Law Society Employment Law Committee and the Employment Law Section of the International Bar Association. Anne lectures and tutors for the Law Society and also speaks extensively at HR and legal conferences on employment law issues. Over the past two decades Anne has built up a well-earned reputation as being a stand-out leader in the field of employment law in Ireland.

Drawing on extensive and dedicated experience in the employment law sphere, the team is well placed and known for representing clients with high levels of quality and passion, proving to be a truly invaluable asset to any client. Ultimately, the success of Anne and the team is down to their stand-out ability to offer clear, up-to-date advice and concise guidance in employment law issues together with their amazing work ethics with results in unrivalled quick turnaround times. The difference between AOC Solicitors and other employment law firms is that the entire team love what they do, becoming invested in clients’ employment law issues which results in an excellent service provided to all their clients.

Department Name Email Telephone
Employment Anne O'Connell anne@aocsolicitors.ie +353 (0)1 2118434
Professional body disciplinary investigations Eva Lindsay eva@aocsolicitors.ie +353 (0)1 2118434
Photo Name Position Profile
Ethna Dillon photo Ethna Dillon Trainee Solicitor
Chaitra Girish Mallya photo Chaitra Girish Mallya Legal Executive
Laura Killelea photo Laura Killelea Senior Associate
Eva Lindsay photo Eva Lindsay Legal Executive
Nicola MacCarthy photo Nicola MacCarthy Solicitor
Anne O’Connell photo Anne O’Connell Principal
Hannah Smullen photo Hannah Smullen Legal Executive
Jenny Wakely photo Jenny Wakely Senior Associate
Number of lawyers : 3
English
Kannada
Hindi
Law Society of Ireland
Law Society of Ireland Employment Law Committee
Employment Law Association of Ireland
International Bar Association
New York Bar
Contact : Anne O’Connell

AOC Solicitors is committed to diversity and inclusion in the workplace and as such enjoys a great working environment. Being from very different geographical and social backgrounds, the AOC team strives to bring diverse and innovative ideas and solutions to analysing and solving client’s issues and to better their individual approach towards problem solving.

AOC Solicitors provides Epilepsy Ireland with free employment law advice and support for both the organisation and for initial queries that they receive from both employers and employees addressing epilepsy in the workplace. AOC Solicitors also provides pro bono work to other worthy causes from time to time as part of its corporate social responsibility strategy.


CLIENT: Sheenagh McCullagh, HR Director
COMPANY/FIRM: GSLS
TESTIMONIAL: It is my pleasure to recommend the legal services of Anne O’Connell Solicitors. The support and advice provided by Anne is outstanding. She went far beyond what we might have expecting showing expert knowledge and competence in employment law matters. She has outstanding commitment and dedication to us as a client and ultimately has secured for us very positive outcomes in court. She absolutely sets the standard for all solicitors to follow


CLIENT: Les Sheridan, Managing Director Ireland
COMPANY/FIRM: Mitie Facilities Management Limited
TESTIMONIAL: Anne is a great support to both our business and me personally. As we embarked on a period of change, we included Anne from the very outset strategically advising how best to achieve the outcomes we wanted. This approach helped us to avoid potential conflicts and lengthy dispute processes. When issues do arise, Anne’s advice is always pragmatic but also robust when required. With over 2000 employees in Ireland, Anne is a key member of our support infrastructure


CLIENT: Edel Flynn, HR Manager
COMPANY/FIRM: Doyle Shipping Group
TESTIMONIAL: Anne provides reliable advice and guidance; she has in-depth and up to date knowledge of Irish employment law. Anne is very client-focused and consistently makes herself available to the client.


CLIENT: Barry Kelly, Principal
COMPANY/FIRM: BK HR Consultancy
TESTIMONIAL: AOC Solicitors provide an unrivalled service in employment law. Anne O’Connell and the team never fail to provide outstanding advice and support, and deliver a passion and commitment to their clients unlike any other law firm I’ve worked with. With AOC Solicitors, I feel confident I have the best employment law support for my business.


AOC Solicitors routinely advises international companies and corporate bodies in other jurisdictions on the employment law aspects of their Irish business.  Additionally, the Firm regularly collaborates with a number of UK and European Employment Lawyers and Firms for its clients.  

Principal, Anne O’Connell is an active and participating member of the Employment Law Section of the International Bar Association and is also a qualified New York Attorney 

Chaitra Girish Mallya, Legal Executive at the Firm, is a qualified lawyer in India having previously practiced in a corporate law firm in Bangalore and intends to obtain her professional qualification in Ireland. 

EMPLOYMENT

Anne O’Connell Solicitors, also known as AOC Solicitors, is a leading and award-winning Irish specialist Employment Law firm. Established in 2017 by Principal, Anne O’Connell, the Firm was ranked by Legal 500 as a Leading Employment Law Firm in Ireland in its first year and has been elevated in ranking each year.

The Firm offers a full suite of employment law services including advices and representation in respect of all contentious and non-contentious employment related issues, providing a strategic approach to employment law issues focusing on advising clients on the best solution to achieve their objectives while meeting their commercial needs and business requirements. The Team is fully focused on what its clients want to achieve.

The Firm advises large multi-national companies, semi-state companies, small and start-up businesses. It also advises individual high-level employees facing employment law disputes, particularly executives and directors.

The Firm strongly believes in being an accessible and a dependable resource for its clients. AOC Solicitors places a high value on being available 24/7 to avoid claims and therefore offers employer clients an Employment Law Hotline to encourage such clients to contact the Firm with issues as they arise. AOC Solicitors prides itself on keeping its clients abreast of all Employment Law updates, producing a monthly e-Newsletter with the latest legislative amendments, superior court, and relevant WRC/Labour Court decisions.

Anne was honoured to receive the Lawyer Monthly Women in Law 2020 Award for Employment Law in Ireland for the second year running. Anne acquired in-depth experience from every angle in employment law through the various firms in which she has practised, and this has given her a high-calibre strategic and practical approach to employment law issues.

Anne is an active member of the Law Society Employment Law Committee and the Employment Law Section of the International Bar Association. Anne lectures and tutors for the Law Society and also speaks extensively at HR and Legal Conferences on employment law issues. Over the past two decades Anne has built up a well-earned reputation as being a stand-out leader in the field of employment law in Ireland.

Drawing on extensive and dedicated experience in the employment law sphere, the team is well placed and known for representing clients with high levels of quality and passion, proving to be a truly invaluable asset to any client. Ultimately, the success of Anne and the team is down to their stand-out ability to offer clear, up-to-date advice and concise guidance in employment law issues together with their amazing work ethics with results in unrivalled quick turnaround times. The difference between AOC Solicitors and other employment law firms is that the entire team love what they do, becoming invested in clients’ employment law issues which results in an excellent service provided to all their clients.

WRC Applies High Bar In Rejecting a Constructive Dismissal Claim

WRC Adjudicator emphasises the high bar that must be met by a Complainant in a constructive dismissal claim. He details the case law and applied both tests in his decision, finding that the evidence did not illustrate unreasonableness required on the part of the employer nor did it illustrate a breach of contract.

Labour Court Finds Redundancy To Be An Unfair Dismissal Decision As No Meaningful Effort To Consider Alternative Options

This was an appeal by the Respondent, Cuan Tamhnaigh Teoranta, to the Labour Court of a Workplace Relations Commission (“WRC”) decision in which the Adjudication Officer found that the Complainant, Mr Declan McShane, had been unfairly dismissed from his employment with the Respondent. The Adjudication Officer awarded the Complainant €12,000 in compensation.

Courier Deemed To Be An Employee And Successful In Unfair Dismissal Claim But Misses Out On Substantial Award For Failing To Mitigate His Loss

In the case of John Read v. Speedking Couriers Ltd t/a Fastway, the Complainant had his contract terminated with one week’s notice and without the application of any procedure whatsoever by the Respondent Company.  The Complainant brought a claim for Unfair Dismissal which was not upheld at the WRC but the Complainant was not in attendance due to an administrative error. Subsequently, the Complainant appealed the WRC decision to the Labour Court.

High Court Injunction Seeking to Dismiss Employee’s Personal Injury Claim Refused Regardless of Her Having Signed A Waiver Agreement

In the High Court case of Philomena Hennessy (the “Plaintiff”) v. Ladbrooks Payments (Ireland) Ltd and Ladbrooks (Ireland) (the “Defendants”, Ms Justice Bolger refused to grant a High Court Injunction seeking to dismiss the Plaintiff’s personal injury case regardless of the fact that she had signed a Waiver Agreement.

Mandatory Retirement Age Held Discriminatory on Age & Gender Grounds – One year’s pay awarded

In its recent decision in the case of Doreen Nolan v Alsaa, ADJ-00029859 on the issue of mandatory retirement ages, the WRC awarded a female employee one year’s pay as compensation for discrimination on the grounds of both age and gender.

WRC Limited Award For Unfair Dismissal Due to Employee’s Decision Not to Properly Mitigate Loss

In the recent decision of Martin Gillen v. Derek Daly Construction Ltd ADJ-00029984 the Complainant was held to have been unfairly dismissed as the Respondent failed to follow any procedures in respect of his dismissal, which involved a serious instance of gross misconduct by the Complainant. As the Complainant limited the amount he worked, after his dismissal, so he qualified for social welfare, the Adjudicator deemed that any award is limited to the amount as if he had no financial loss i.e. 4 weeks remuneration.

The Transitional Protocol: Good Practice Guidance for Continuing to Prevent the Spread of COVID-19 at Work

On 31 January 2022 the Department for Enterprise, Trade and Employment, published The Transitional Protocol: Good Practice Guidance for Continuing to Prevent the Spread of COVID-19 (“The Protocol”), an update to the Work Safely Protocol last published 14 January 2022.

Award of Two Years’ Compensation For Unfair Dismissal Reduced by 40% Due To Employee’s Contribution

In the recent decision of Robert Libera v Regeneron Ireland DAC, ADJ-0023417, the WRC determined that although the Complainant had been unfairly dismissed for gross misconduct, he had contributed to his dismissal and therefore reduced the award by 40%.

Substantial Award by WRC Highlights Requirement For Redundancy Consultation Even In Circumstances Involving Closure

Facts: This was an unfair dismissal case in which the Complainant, Mr Ray Walsh, claimed that his dismissal by the Respondent, Econocom Digital Limited, was a sham redundancy and fair procedures were not followed.

WRC Finds Withholding of Ex-Gratia Payment, As Employee Refused to Sign Agreement, Amounted to Penalisation

In the recent decision of Robert Farrell v Modus Link Kildare Unlimited Company, ADJ-00032100, the WRC determined that the withholding by the Respondent of an ex-gratia payment because of the Complainant’s ongoing personal injuries claim against the Respondent constituted penalisation under section 27 of the Safety, Health and Welfare at Work Act 2005 (the ‘Act’).

Heads of Bill Published for Right to Request Remote Working Bill 2021

The Covid-19 Pandemic has seen remote working become a staple of the Irish workplace and with it, the Government has reiterated its commitment to its Remote Working Strategy. On 25th January 2022, the Department of Enterprise, Trade and Employment published the eagerly anticipated draft Scheme of the Right to Request Remote Working Bill 2021 (the “Bill”), which it hopes to pass into law by summer 2022.  The Bill provides employees with a right to request remote working but not a right to remote working per se, which has attracted some criticism.  The Government has been criticised for the grounds of refusal being too wide and not enshrining a right to remote working rather than a right to request remote working into law.

Dismissal Held To Be Disproportionate Sanction, Yet Award Reduced As Employee Contributed To His Dismissal

Facts: The Complainant was appointed as a cargo surveyor with the Respondent on 1st April 2004 and was promoted to Operations Manager in 2006. He was second in command to the General Manager, and he was not allowed take holidays when the General Manager was absent. However, arrangements had been previously put in place to allow the General Manager and the Complainant to be out of the office at the same time.

Redundancy Payments (Amendment) Bill 2022

The Redundancy Payments (Amendment) Bill 2022 (“the Bill”) was published on the 21st January 2022. The proposed legislation will amend the Redundancy Payments Act 1967 to provide for payments from the Department of Social Protection to employees who were laid off during the Covid-19 emergency period, beginning on 13 March 2020 and ending on 30 September 2021.

Employee Re-instated by WRC as Redundancy Process Deemed a Sham

In the recent WRC decision of Colin Dominic Kearns v Ata Tools, ADJ-00030876, Adjudication Officer Brian Dalton determined that although there was a genuine redundancy situation, the Respondent used the process to target the Complainant and therefore it was deemed to be an unfair dismissal.

Reminder Re Gender Pay Gap Information Act 2021

As noted in our newsletter earlier this year, the Gender Pay Gap Information Act 2021 (the “Act”) was finally signed into law on the 13th July 2021. The Act amends the Employment Equality Act 1998 and will require regulations compelling certain employers to publish information relating to the remuneration of their employees by reference to their gender. While it had been expected that the regulations (clarifying the specific reporting obligations) would be published before the end of 2021, as yet, there is no update in relation to this. However, the reporting process is expected to begin from 2022 onwards.

Issues And Payments To Be Aware Of Re Latest Restrictions

On 17th December 2021, the latest restrictions were introduced which will have an adverse impact on the income for a number of businesses and their employees. Employers have had to lay off employees already and others are likely going to have to make layoffs in January. In anticipation of this, the Government announced significant expansion of supports to the businesses on 21st December 2021 and has also reopened the Pandemic Unemployment Payment (PUP) for new applicants for employees who have either lost their jobs or put on lay-off due to the recent restrictions. The Government has confirmed that the Employment Wage Subsidy Scheme (EWSS) is now open for such businesses to support payment of employees’ salaries and has relaxed some of the previous stricter requirements. In doing this the Government has sought businesses to keep their employees employed and not to lay them off.

Reeling In The Year 2021

It is appropriate at this time of the year to look back at some of the developments and the important cases that have shaped the landscape of employment law in Ireland in 2021.

HR’s Control of the Process Removed Its Independence – Labour Court Increases WRC Award by over €10,000

In the recent decision of the Labour Court in the case of Frederick Hobson v Praxis Care, UDD2172 the Labour Court was so critical of the Respondent not subjecting the other employee involved in the incident to investigation or disciplinary process and its failure to facilitate an independent process, that it increased the award from €20,000 to €31,868.37.

Supreme Court Confirms Broad Scope of the Protected Disclosures Act & Finds the Code of Practice Is Wrong

On 1st December 2021, the Supreme Court in Baranya v. Rosderra Meats found in favour of the Appellant and directed the case back to the Labour Court. The Supreme Court held that the Code of Practice on Protected Disclosures misstates the law and does not accurately reflect the terms of what the Protected Disclosures Act 2014 actually says. It went on to find that the scope of the 2014 Act includes breaches of statutory employment law obligations and grievances regarding an employee’s health. However, it acknowledged that this did not seem to be the intention of the Oireachtas.   

WRC Increases Burden On Employers When Upholding Constructive Dismissal Claim

In the recent decision of the Workplace Relations Commission (“WRC”) of Jennifer Healy v De Paul, ADJ00026357 the WRC found in favour of the Complainant’s constructive unfair dismissal complaint, despite the Complainant’s failure to exhaust all internal procedures available to her.

Employee who worked one month awarded €200 for lack of breaks

Facts: The Complainant was employed as a photographer with the Respondent, who operates a “Santa’s Grotto Experience”, from 22nd November 2019 to 23rd December 2019.

Update: Sick Leave Bill 2021

The details of the highly anticipated Sick Leave Bill (“the Bill”) were recently published by the Department of Enterprise Trade and Employment. The Bill will see the introduction of mandatory employer Statutory Sick Pay scheme (“SSP Scheme”) for the first time in this jurisdiction. The Bill provides for an entitlement to a minimum period of paid sick leave for all employees in the event that they fall ill or sustain an injury which prevents them from being able to work. 

Updated Work Safely Protocol

On 22 October 2021 the Tánaiste and Minister for Enterprise, Trade and Employment, Leo Varadkar TD, published an updated Work Safely Protocol. This is the fourth revision since the Protocol was first published in May 2020 and follows shortly after the third revision that was published on 17 September 2021. It is based on recent public health advice received by the Government and follows the Government’s announcement on 19 October that public health advice would continue after 22 October.

Covid-19 Pandemic Unemployment Payment Update

The Covid-19 PUP closed to new applicants from 8th July 2021. There has been gradual reduction in the PUP rates. As per the recent notification, the current rates of PUP are as below:

Labour Court Awards €75,000 For Discriminatory Dismissal For Failure Of Employer To Prove That Altered Role Was Not Viable

In the recent decision of the Labour Court in the case of Kevin Roberts v United Parcel Service of Ireland Ltd, ADE/20/115, the Court overturned the decision of the WRC Adjudicator, deciding that the dismissal of Complainant was discriminatory dismissal, and he was not afforded reasonable accommodation.

Employee Awarded €25,000 For Employer’s Failure To Objectively Justify Retirement Age

Facts: The Complainant, Anthony Kenny commenced employment with the Respondent, Bord Na Mona Plc, on 15th May 1975, as a General Operative until he retired in April 2020. He thereafter requested to work beyond his retirement age. A meeting was convened in December 2019 and a correspondence declining his application was issued to him. The application was declined on the basis of (a) conditions of employment in relation to retirement age; (b) pension scheme rules; (c) custom and practice of the Respondent; and (d) employee’s entitlement to draw down a pension. This however did not refer to the Code of Practice on Longer Working nor did it provide an objective justification for the refusal.  The Complainant appealed this decision and was issued an outcome of the appeal on 15th January 2020 confirming the above 4 headings and further added that “due regard to the health and safety requirements given the physically demanding nature of the general operative role and tasks associated with that role”.

Labour Court Finds Company’s Mandatory Retirement Age Justifiable

Facts: The Complainant commenced employment with the Respondent Company as a Service Engineer on 1st September 1989.  His employment ceased due to his reaching his 65th birthday on 21st January 2020.   The Complainant initiated a claim against his former employer under the Employment Equality Acts 1998-2015 (the “Act”).  He claimed that he was discriminated against on the basis of age.  The WRC hearing this claim on 10th February 2020 and the Adjudicator did not find in favour of the Complainant.   The Complainant then lodged an appeal against this finding to the Labour Court.

Labour Court Increases Complainant’s Award For Failure to Provide Reasonable Accommodations For Her Disability

Facts: The Complainant’s employment transferred to the Respondent by way of a transfer of undertaking in August 2018. Her previous employer had made reasonable accommodations for her due to her Achilles Tendonitis and based on the advice from Occupational Health. The Respondent would not apply the agreement made between the Complainant and her previous employer.

Labour Court Finds “Volunteer” To Be An Employee Regardless Of Her Not Receiving A Traditional Salary

Facts: This was an appeal by the Respondent, Camphill Communities of Ireland, against a WRC decision that the Respondent unfairly dismissed the Complainant, Ms. Elke Williams. The WRC had awarded compensation in the amount of €40,000.

Bus Driver’s Dismissal For Using Mobile Phone While Driving Deemed Unfair & Reinstatement Ordered

The WRC Adjudicator, Pat Brady, centred his decision around the Respondent’s use of CCTV footage to discipline and ultimately dismiss the Complainant and the application of the ‘zero tolerance’ policy.

Labour Court Substantially Increases Award For Sexual Harassment

Facts: This was an Appeal by the Complainant, a 19 year old female barista, against a Workplace Relations Commission (“WRC”) decision that she should be awarded €3,500 on foot of a sexual harassment claim that resulted in her feeling stressed and anxious, certified out sick and ultimately resigning her position.

WRC Held Wages Are Not ‘Properly Payable’ During Lay-Off Period & Such Non-Payment Cannot Be A Breach of Payment of Wages Act

Facts: The Complainant joined the Respondent’s engineering contracting firm on 26th August 2019 as a mechanical estimator on an annual salary of €65000. He was laid off on 27th March 2020 when the closure of the construction sector due to the Covid-19 pandemic. The Complainant was not brought back when certain employees were brought back to work in June 2020 and was given four weeks’ notice of redundancy.

Labour Court Finds Employee Unfairly Dismissed But Contributed 100% to His Dismissal – Zero Compensation

Facts: This was an appeal by the Complainant, Mr Nicholas Folan, of a WRC decision that he had not been unfairly dismissed by the Respondent, Smurfit Kappa Ireland Ltd. The Complainant sought redress in the form of reinstatement.

Maximum Award For Mandatory Retirement As No Justification

Facts: The Complainant was employed as a senior staff nurse from the 10th May 2014 until the date of her compulsory retirement on the 28th October 2019, by the Respondent, a nursing home in liquidation. She received remuneration of approximately €5,883 per month gross. The Complainant sought an award of compensation in respect of discrimination suffered, loss of almost a year’s work and loss of redundancy payments before the Respondent closed and went into liquidation.

Employee Held to be Unfairly Dismissed Regardless of Admitting to Alcohol Consumption Hours Before Starting Work

Facts: Eduard Markovskij, the Complainant, commenced employment with Suretank Limited, the Respondent, on the 29th of August 2007 as a welder. His average weekly net pay was €693.80. He reported for work at Depot 1 on 14th September 2020 at 2pm. He met Manager A who sent him to Depot 2. This was not out of the ordinary for the Complainant. When the Complainant arrived at Depot 2, the manager there, Manager B, formed the view that the Complainant was unsteady, smelled of alcohol and appeared to be under the influence. Manager B contacted Manager A, who drove to Depot 2 to observe the situation for himself. He stopped in a pharmacy on the way to purchase an alcohol testing kit, but they were out of stock.