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

Anne O'Connell Solicitors > Firm Profile

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.

Spotlights

Anne O’Connell Solicitors (AOC Solicitors)

Anne O’Connell Solicitors (AOC Solicitors) is a leading and award-winning Irish specialist Employment Law firm which was established in 2017 by our Principal, Anne O’Connell.

As a small but dynamic law firm, our mission is to deliver innovative and effective legal solutions, tailored to each client’s unique circumstances, while maintaining the highest standards of service and professionalism. We focus on advising our clients on the best solution to achieve their objectives while meeting their needs and business requirements.

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. AOC Solicitors is renowned for providing its clients with a strategic approach on Employment Law issues, advising clients on the best solution to achieve their objectives while meeting their commercial needs and business requirements.

AOC Solicitors is the solutions team for any business addressing any employment law issue. 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.

We believe in being an accessible and a dependable resource for our clients. AOC Solicitors places a high value on being available 24/7 to avoid claims and therefore we offer employer clients an Employment Law Hotline to assist such clients as and when issues arise. AOC Solicitors prides itself on keeping its clients abreast of all Employment Law updates, producing a monthly e-Newsletter with practical articles on important WRC/Labour Court and superior court decisions and any relevant legislative developments.

Our Firm is frequently recognised as a leader in our field by third parties who review the industry. We have been named Employment Law Firm of the Year at the Irish Law Awards in 2019 and again in 2021. At the 2023 Irish Law Awards, we were shortlisted as finalists for the Employment Law Firm of the Year, and we were delighted to win the award for Excellence and Innovation in Client Services – Dublin.

Our Principal, 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 she speaks extensively at HR and Legal Conferences on employment law issues. Anne is regularly interviewed on national radio, press and podcasts in relation to topical employment law issues and cases in the media. 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 and has been honoured to receive many awards and is ranked as a Leading Individual in Employment Law in Ireland by Legal 500.

To ensure the ongoing delivery of excellence and responsiveness in client service, we have significantly expanded and developed our team over the last year. Our team currently includes two Senior Associates – Laura Killelea and Jenny Wakely, an Associate – Nicola MacCarthy, a Solicitor – Ethna Dillon, two trainee Solicitors – Tara Kelly and Jane Holian and our Practice Manager – Aisling Nolan. Laura and Jenny also lecture and tutor for the Law Society and Laura is a committee member of the Employment Law Association of Ireland (“ELAI”).

We are genuinely passionate about what we do and what we can achieve for our clients which results in a great relationship with our clients and an excellent service.

 

 

Legal Developments

WRC Awards €8,000 for Penalisation of a Whistleblower

19th March 2024

WRC Awards €8,000 for Penalisation of a Whistleblower. In Bruno Seigle – Murandi v Roche...

Investigation “Flawless” but Appeal Process and Lack of Medical Assessment Leads to Unfair Dismissal Finding

19th March 2024

A Verger v A place of worship/heritage site ADJ-00027984 concerned an unfair dismissal case ...

Former Manager Awarded €40,000 in Successful Constructive Dismissal Claim

19th March 2024

Former Manager Awarded €40,000 in Successful Constructive Dismissal Claim. In Caroline McGarry v JTI...

Employer Falls Foul of TUPE Regulations in WRC

19th March 2024

Employer Falls Foul of TUPE Regulations in WRC. Tony Breslin v Trinity Motors Wicklow Limited...

What to Look Out for in 2024

29th February 2024

In our first newsletter of 2024, we at Anne O’Connell Solicitors would like to highlight some key employment...

Recent WRC Decisions On Retirement Age

29th February 2024

A series of recent WRC cases on the issue of retirement age demonstrate the importance of forward...

Garda Commissioner Unsuccessful in Attempt to Dismiss Garda who had Sexual Encounter with Witness

29th February 2024

A recent Court of Appeal decision in the case of Hegarty v The Commissioner of An Garda...

Employer Entitled to Terminate Complainants’ Employment for Repudiatory Acts, but Procedural Failure Renders Dismissals Unfair

29th February 2024

Facts: The Complainants in Ms Roxana Doba v AFM Facilities Limited ADJ-00043540 and Ms...

High Court Rejects Point of Law Appeal from Labour Court regarding Working Time

28th February 2024

Walsh v Kerry County Council [2023] IEHC 719 concerned a recent appeal on a point of law from...

The Twelve Bells of Wisdom for Employers at Christmas

20th December 2023

With the festive season approaching and Christmas parties firmly back on the agenda, we look at some...

Worker Reinstated after WRC Finds that Eir Discriminated against Him on Grounds of Age

19th December 2023

In Thomas Doolin v Eir Business Eircom Limited ADJ-00045261 the Complainant, Mr Doolin, brought...

Massage Therapist Awarded Maximum Compensation for “Egregious” Penalisation Following Protected Disclosure to her Employer

18th December 2023

In A Worker v A Massage Therapy Business ADJ00043225 the Complainant lodged a number...

WRC Examines First Case Under Sick Leave Act 2022

30th November 2023

Karolina Leszczynska v Musgrave Operating Partners Ireland ADJ-00044889 concerned a complaint...

Update – Sick Leave Act 2022

30th November 2023

Update - Sick Leave Act 2022. The provisions of the Sick Leave Act (“the Act”) commenced on 1st January...

Update – Statutory Guidance on the Protected Disclosures Acts 2014-2022

30th November 2023

On 20th November 2023, the Minister for Public Expenditure, NDP Delivery & Reform published new Statutory...

Update – Paid Domestic Violence Leave

30th November 2023

Update – Paid Domestic Violence Leave. On 27th November 2023, paid domestic violence leave came...

Lidl Ireland Unfairly Dismissed Employee Due to “excessive sick leave”

30th November 2023

Buinenko v Lidl Ireland Gmbh Lidl Head Office ADJ-00033871, concerned a complaint under...

Maximum Compensation Awarded against An Post in Sexual Harassment Claim

29th November 2023

Maximum Compensation Awarded against An Post in Sexual Harassment Claim. In Catherine Kelly v An Post...

Labour Court Reduces €10,000 Unfair Dismissal Award, Despite Flawed Procedure, Due to Teacher’s Own Conduct

25th October 2023 The Labour Court (the “Court”) case of Scoil Aine Naofa v Michael Hughes ADJ00025-23 concerned an appeal by both parties of a decision of the Workplace Relations Commission (“WRC”).

Labour Court Finds Aer Lingus Requirement to Wear High Heels Discriminatory

25th October 2023 Aer Lingus v. Elizabeth Barry EDA2331 was an appeal to the Labour Court (the “Court”) by the Complainant against a Workplace Relations Commission (“WRC”) decision which found that her discrimination complaint was not well founded.

Labour Court Overturns €18,000 Penalisation Award

25th October 2023 In an article published in our October 2022 newsletter , we discussed the decision of the Workplace Relations Commission (“WRC”) in ADJ-00033234. 

WRC Finding of Unfair Dismissal – Employer Unable to Demonstrate that Fair Procedures were Followed

25th October 2023 Kenneth Malone v Cerlock Ltd ADJ-00041931 concerned three complaints to the Workplace Relations Commission (the “WRC”) under the Unfair Dismissals Acts 1977-2015, the Organisation of Working Time Act 1997, and the Terms of Employment (Information) Acts 1994-2014.

Dental Practice Manager awarded €15,000 for “Cruel” Unfair Dismissal

25th October 2023 In Zsuzsanna Budai v Acd Practice Management Ltd (Ardum Clinic) ADJ-00037391, the Complainant, Ms Budai, bought a claim to the Workplace Relations Commission (the “WRC”) that she was unfairly dismissed from her employment in the Respondent dental practice.

WRC Awards Employee €20,000 for Penalisation due to Applying for Parental Leave

22nd August 2023 Paulette Leonard v The Board of Management Farnham NS- ADJ-00033826 concerned two complaints of penalisation under the Parental Leave Act 1998 heard by the Workplace Relations Commission (“WRC”).

WRC Finds Unfair Dismissal for Want of Fair Procedures

22nd August 2023 The Workplace Relations Commission (“WRC”) case of Paul Burke v Dungarvan Insulation Limited ADJ-00035692 involved a number of complaints under the Unfair Dismissals Acts, the Minimum Notice & Terms of Employment Acts, the Protection of Employees (Fixed Term Work) Act, and the Payment of Wages Act 1991.

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

22nd August 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

22nd August 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 “a shocking story of a terrible injustice done to Mr. Ó Suird.” (the Principal/Notice Party).

Supreme Court Finds that HSE was Reasonable in Suspending Consultant

25th July 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

25th July 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

25th July 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

25th July 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

25th July 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

27th June 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

27th June 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

27th June 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,

Employer Failed to Provide Reasonable Accommodation to Employee Suffering with Alcoholism

27th June 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

27th June 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

27th June 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

27th June 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

27th June 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

27th June 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

27th June 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

27th June 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

27th June 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

27th June 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.

Dismissal Upheld but Date of Dismissal Amended Which Cost the Employer

27th June 2023 In the case of Tara Keating v. Camfil (Ire) Ltd ADJ-00030501 the Adjudicator agreed that the dismissal date was in fact after the outcome of the disciplinary appeal, rather than as per the outcome of the disciplinary hearing.

Constructive Dismissal Finding, but What More Could the Employer Have Done?

27th June 2023 The Complainant in Frank O’Dwyer v Tesco Ireland ADJ-00034404 brought a constructive dismissal complaint against his former employer, Tesco Ireland, alleging that he was left with no alternative but to terminate his employment because of bullying on the part of the Store Manager.

Dismissal of Employee With Autoimmune Disease During Covid 19 Deemed Discriminatory

27th June 2023 In the recent WRC case of Damien  O’Sullivan v Fg Wilson Engineering (Dublin) Limited – ADJ-00030123 an employee was awarded €41,076.00 for a dismissal that was deemed to be a discriminatory dismissal in breach of the Employment Equality Acts 1998-2015.

Fixed-Term Worker entitled to Contract of Indefinite Duration Despite Breaks in Service

27th June 2023 In Alessio Caratti O Garatti v Dublin Institute for Advanced Studies (“DIAS”) the Complainant was employed by the Respondent as a Postdoctoral researcher on a number of Fixed Term contracts in the years 2014 to 2021. 

Despite Seriously Flawed Procedures, Zero Compensation Awarded for Unfair Dismissal

27th June 2023 In Bridget Clarke v Paul Connolly[1], the Adjudicator found that the Respondent had unfairly dismissed the Complainant as he had not afforded the Complainant with her the basic rights of natural justice before making the decision of dismissal.

Labour Court Overturns WRC Finding of Discrimination – “Very Basis” for Complaint Not Well Founded

27th June 2023 David Aranda Petit Delice Limited v Jessica Padayachee – EDA2219 is a recent Labour Court appeal of a decision of the Workplace Relations Commission (“WRC”).

WRC Upholds Constructive Dismissal Complaint Following Employer’s Inadequate Response to Bullying Complaint

27th June 2023 In Jade Gannon v Fides Playhouse Limited[1], the Complainant issued three complaints against her former employer, including a claim for constructive dismissal under the Unfair Dismissals legislation.

Labour Court Increased Unfair Dismissal Award in Employer’s Appeal

27th June 2023 In the recent Labour Court case of Starrus Eco Holdings Limited t/a Panda/Greenstar v Ben Madichie, Determination No. UDD2247, the Respondent (employer) appealed the decision of a WRC Adjudicator,

Claim Against Employer for Discriminatory Dismissal during Maternity Leave Fails as WRC found Employee had Resigned

27th June 2023 The recent WRC case of Svetlana Grodzicka v Astra Leisure and Ultra Fresh Services Limited – ADJ-00029417 involved allegations of discrimination on the grounds of family status and gender.

Period of Unpaid Lay-Off Disregarded in Calculating Payment In Lieu of Notice

27th June 2023 Facts: The Complainant was employed by the Respondent from November 1989 until March 2020 when she was was laid off due to the Covid-19 pandemic.

Labour Court Varies Redress Ordered by WRC, Replacing Compensation for Reinstatement Despite “Misgivings”

27th June 2023 In Access IT CLG/Access IT v Andrea Galgey[1], the “Respondent” appealed the redress ordered by the Workplace Relations Commission (“WRC”) to the Labour Court (“Court”).

Sexual Harassment Claim Fails As Court Finds That Reasonable Steps Were Taken By The Employer

27th June 2023 This case was a Labour Court (“Court”) appeal from three decisions of the Workplace Relations Commission (“WRC”) regarding complaints under the Employment Equality Acts, 1998-2015 (the “Acts”).

Unfair Dismissal Decision Reiterates the Importance of Fair Procedures

27th June 2023 Facts: The case of Fit4Life Gym v Megan Healy[1] was an appeal to the Labour Court from a Workplace Relations Commission (“WRC”) decision awarding the Complainant compensation of €21,736 for unfair dismissal. At the time of her dismissal, the Complainant was earning €416.00 per week.

Intern on Work Experience Held Not to be Entitled to National Minimum Wage

27th June 2023 Facts: The Complainant was an unpaid intern with the Respondent as part of work experience for his university degree.

Significant Award For Employee Dismissed due to Protected Disclosure

27th June 2023 Facts: The Complainant commenced work on 5^th August 2021 as a part-time receptionist in the smaller of the two veterinary practices owned by the Respondent. Only two staff were required at any one time, being a receptionist and vet.

New Sectoral Employment Order (Construction Sector) 2023

27th June 2023 The Department of Enterprise, Trade and Employment recently published the Sectoral Employment Order (Construction Sector) 2023 (“the Order”) which has been approved by the Oireachtas.

Dismissal Within the Band of Reasonableness for Breaching Smoking Ban, but Deemed Unfair Due to Investigation

27th June 2023 In the recent case of Darren Kiernan v Joseph Brennan Bakeries ADJ-00039331 the Complainant was dismissed for smoking in his personal van in the Respondent’s parking lot, rather than in the designated smoking shed.

Director Held to be an Employee and Awarded Compensation under Unfair Dismissals Acts

27th June 2023 Facts: The Complainant was one of two original directors of the Respondent, Tile & Wood Factory Outlet (Limerick) Limited, along with her husband when the company was set up on 21^st April 2016 as a single-member company.

Employer Directed to Amend Parental Leave Policy and Remove Requirement for Approval

27th June 2023 The Workplace Relations Commission (“WRC”) case of Elizabeth O’Reilly v Avista CLG was brought under Section 18 of the Parental Leave Act 1998 (“the Act”) in respect of the Complainant’s persistent issues with her employer in respect of her applications for parental leave.

High Court Rules that Disciplinary Process Should Proceed, but Lifts Plaintiff’s Suspension

27th June 2023 In Amanda Hennigan v An Comisiún Le Rincí Gaelacha [2023] IEHC 87, the Plaintiff applied to the High Court for an interlocutory injunction restraining the Respondent from pursuing disciplinary proceedings against her.

Labour Court Overturns WRC Finding of Discrimination where Pregnant Employee was Denied the Opportunity to Work Remotely During the COVID-19 Pandemic

27th June 2023 In the Labour Court case, Saint John of God Community Services v. Ann Doherty EDA 2313,the Respondent employer appealed the Workplace Relations Commission (“WRC”) finding that the Complainant had been discriminated against on the grounds of her family status.

WRC Awards €30,000 Due To Employer Not Complying with Code of Practice for Longer Working When Enforcing Mandatory Retirement Age

27th June 2023 In the case of Brendan Beirne v Rosderra Irish Meats Group ADJ00027036 the Workplace Relations Commission (“WRC”) addressed the application of mandatory retirement ages  and how to deal with requests for longer working.

Employer’s Response to Sexual Harassment Complaint Insufficient Despite Complainant’s Request to Deal with It “Quietly”

27th June 2023 In the case of Nadine Harty v Causeway Hospitality Ltd Greenway Manor Hotel ADJ-00036502 the Complainant alleged that she was discriminated against on grounds of gender and that she was subjected to sexual harassment and harassment in the workplace.

Award for Constructive Dismissal Where Employer did not Progress Grievance

27th June 2023 In the case of Ciaran Roche v 3Rockeco Limited (ADJ-00035648) the Workplace Relations Commission (“WRC”) was required to consider whether 3Rockeco Limited (the “Respondent”) had acted so unreasonably as to amount to a repudiatory breach of its contract of employment with its employee, Ciaran Roche (the “Complainant”). 

WRC Finds that Employer Acted Unreasonably in Failing to Make Genuine Efforts to Contact Employee Who Was Absent from Work

27th June 2023 The recent Workplace Relations Commission (“WRC”) case of Kamil Goljanek v Lidl Ireland Gmbh ADJ-0037483 contains an interesting set of facts and examines the extent to which an employer is expected to make reasonable and genuine efforts to contact an employee who is absent from work and not engaging in an investigation or disciplinary process.

Employee Awarded €5,000 for Harassment After Being “Outed” at Work, but Victimisation Claim Fails

27th June 2023 Facts: The Complainant is employed by the Respondent in a creche. She submitted a complaint under the Employment Equality Acts (the “Acts”), claiming that she was harassed on the grounds of sexual orientation and victimised as a result of making a complaint about the harassment.

Work Life Balance and Miscellaneous Provisions Act 2023

27th June 2023 The Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”) was signed into law by the President on 4^th April 2023.

WRC Finds Employee Discriminated Against in Context of Probationary Review

27th June 2023 In the case of Ivana Cepo v Sherborough Enterprises Ltd ADJ-00035362 before the Workplace Relations Commission (“WRC”), the Complainant contended that she suffered discrimination and harassment on the basis of family and gender grounds and that she was dismissed on that basis.

Claim of Discriminatory Dismissal During Probation Successful Despite Employee’s Unsatisfactory Performance

27th June 2023 The case of Sandra Varian v Zahra Publishing Limited ADJ-00036775 came before the Workplace Relations Commission (“WRC”) recently.

WRC Confirms Genuine Redundancy

27th June 2023 Facts: In Edward Timmons v AB Group Packaging Ireland Limited ADJ-0030801 the Complainant alleged he had been unfairly dismissed and submitted a complaint under the Unfair Dismissals Acts 1977-2015 (the “Acts”).

Reinstatement Ordered Where Employer Refused Employee’s Request to Withdraw her Resignation

27th June 2023 The case of A Social Care Worker v Social Services Charity came before WRC Adjudicator, Brian Dalton, in January 2023 under the Unfair Dismissals Acts.

Employee or Independent Contractor? WRC Provides Useful Overview of the Relevant Legal Tests

27th June 2023 In Maurice Morgan v GK Munster Couriers Limited ADJ-00032720, the Workplace Relations Commission (“WRC”) was required to consider the employment status of the Complainant, Mr Morgan.

Claim of Discriminatory Dismissal During Probation Successful Despite Employee’s Unsatisfactory Performance

27th June 2023 The case of Sandra Varian v Zahra Publishing Limited ADJ-00036775 came before the Workplace Relations Commission (“WRC”) recently.

WRC Finds Employee Discriminated Against in Context of Probationary Review

27th June 2023 In the case of Ivana Cepo v Sherborough Enterprises Ltd ADJ-00035362 before the Workplace Relations Commission (“WRC”), the Complainant contended that she suffered discrimination and harassment on the basis of family and gender grounds and that she was dismissed on that basis.

Reinstatement Ordered Where Employer Refused Employee’s Request to Withdraw her Resignation

27th June 2023 The case of A Social Care Worker v Social Services Charity came before WRC Adjudicator, Brian Dalton, in January 2023 under the Unfair Dismissals Acts.

WRC Confirms Genuine Redundancy

27th June 2023 Facts: In Edward Timmons v AB Group Packaging Ireland Limited ADJ-0030801 the Complainant alleged he had been unfairly dismissed and submitted a complaint under the Unfair Dismissals Acts 1977-2015 (the “Acts”).

WRC Reiterates the Requirement for Redundancy to be Impersonal and the Importance of Following a Redundancy Consultation Process and Considering Alternatives

16th May 2022 Facts: The Complainant, Gerard Buston, commenced employment with the Respondent, Duggan Systems Limited, as a factory operative on 30^th May 2018 and subsequently worked as a line leader from 18^th November 2019. In 2020 he was placed on temporary lay-off from 30^th March to 10^th April. Later that month an altercation took place between the Complainant and his manager. There was a conflict of evidence as to which party was the aggressor. The Complainant was not called for work the following week and he subsequently received a letter from the Managing Director terminating his employment by reason of redundancy. There was redundancy consultation process and no alternatives to redundancy were considered or discussed with the Complainant.

Work Life Balance and Miscellaneous Provisions Bill – General Scheme Gains Government Approval

16th May 2022 The General Scheme of the Work Life Balance and Miscellaneous Provisions Bill 2022 (“the Bill”) that is due to be implemented later this year was approved by Cabinet on 21^st April. The General Scheme contains proposed amendments to various pieces of legislation including the Parental Leave Act 1998, the Maternity Protection Act 1994, and the Adoptive Leave Act 1995, required in line with certain articles of the EU Work-Life Balance Directive which is due to be transposed into Irish law by 2^nd August this year.

WRC Dismisses Payment of Wages Claim – Contractual Term Allowed the Respondent to Deduct Costs Associated with Failure to Provide Notice

16th May 2022 In Brigid Walsh v PV Generation Limited, the Complainant issued a complaint under the Payment of Wages Act, 1991 seeking reimbursement of outstanding salary that had been deferred due to the Covid-19 pandemic in circumstances where the Respondent had undertaken to reimburse any deferred salary. An express written term of the Complainant’s contract of employment permitted the deduction from her termination pay of an amount equal to the costs of covering her duties during her notice period in the event of her failing to provide the Respondent with notice of resignation.

Labour Court Finds That Providing a Proper Translator at Appeal Stage Did Not Mend the Unfairness of Disciplinary Process Where He Was Summarily Dismissed

16th May 2022 In Sylwester Michalski v Strandvous Limited the Respondent Company did not provide a translator to its Polish national employee with poor English, allow him access to all the witnesses and incorrectly determined his actions to constitute gross misconduct during the disciplinary process.

Statutory Redundancy Payment No Longer Taken into Account when Calculating Unfair Dismissal Award

16th May 2022 In the recent decision of the WRC in the case of Kieran Murray v Sherry Garden Rooms Limited, ADJ-00028766, the Complainant took a claim for Unfair Dismissal against the Respondent. The Respondent argued that the Complainant had been made redundant. The Complainant was awarded €32,833.70. When calculating the Complainant’s financial loss,  Adjudicator did take into account the PUP payment or the Statutory Redundancy lump sum payment that he had received.

Covid 19 – A timely reminder of employer obligations in respect of layoff, short time and redundancies

19th June 2020 The first part of May saw a number of developments in relation to returning employees to work including the publication of the  Government’s “Roadmap for reopening society and business” on 1st May and the subsequent publication of the “Return to Work Safety Protocol” on 9th May. For further detail on these developments and employer obligations upon returning employees to the workplace have a look at our recent article “Returning to Work – the New Normal”, available at this link.

Covid-19 and Employment Law – Milestones in May

19th June 2020

May has been a very busy month from an employment law perspective. There have been a number of government announcements and updates that directly impact employer and employee obligations and entitlements. These updates are summarised below:

WRC Held Unfair Selection For Redundancy As Employer Failed To Prove Criteria Justifying…..

10th June 2020 The Complainant has just over one and half years of service with the Respondent and was made redundant, while a colleague with lesser service with the Respondent was retained. The Complainant claimed the personal animus between her and the new Managing Director and her request for salary increase has influenced her selection for redundancy.

Interesting Decision On Extension Of Employment Post-mandatory Retirement Age

10th June 2020

The Complainant was employed as Operations Manager from 1982 to 17^th June 2019 and was paid €54,451.92. The Respondent has a mandatory retirement age of 65 years. The Complainant was due to turn 65 years on 14^th June 2017. He requested the HR that he wished to remain in employment and received a written contract for that year from the date of his retirement. The following year, he requested to continue employment, which was agreed by the Respondent and the Complainant received a written contract to continue employment for another year. On 18^th April 2019, the Complainant was advised that the CEO of the Respondent Company would not be extending the Complainant’s employment further and that his employment would end on 17^th June 2019.

Max Two Years’ Salary Awarded For Discriminatory Dismissal

10th June 2020 On 20th March 2019, the Respondent terminated the Complainant’s employment with immediate effect for alleged failure by the Complainant to furnish medical certificates for a period of 18 days. The Complainant was a full time counter hand/ shop assistant with the Respondent from 2nd June 2015.

Significant Constructive Dismissal Decision – Award included financial loss while on unfit to work

10th June 2020 The Complainant was employed by the Respondent for just under 29 years. The Respondent operates a hotel/guesthouse and conference centre. The Complainant had no written contract of employment but held the most senior position – Manager/General Manager before the Respondent hired a CEO and carried out a restructure. The Complainant’s responsibilities were transferred to the new role of Hospitality Manager which reported directly to the CEO and a further layer of management was introduced who all reported to the Hospitality Manager. The Complainant was offered the demoted role of Revenue Manager and to report to the Hospitality Manager. Her salary was not going to be altered but her responsibility was diminished. She was presented with a new written contract but refused to sign it.  The Complainant was subjected to further isolation in the new demoted role which had a serious impact on her health and mental wellbeing with the result that she went out on certified sick leave on 3 January 2018 and ultimately resigned her position on 18 May 2018.

Bartender Awarded One Year’s Pay For Dismissal After Serving Alcohol To An Underaged Customer

10th June 2020 The Complainant commenced employment with the Respondent pub in March 2014 as a Bar Tender. On 4th July 2019, the Respondent alleged that the Complainant served alcohol to two customers who were under the age of 23 years without asking for age identification and they turned out to be 17 years old and 18 years old. The Respondent had a mystery shopper at the premises at the time. The Complainant was suspended on pay and a disciplinary process was initiated. A disciplinary hearing took place on 8th July and the Complainant’s dismissal was confirmed by letter of 12th July for Gross Misconduct. The Complainant appealed the outcome, which was heard on 31st July 2019 and the dismissal was confirmed.

€104,000 awarded to Employee for Unfair Dismissal due to Employer’s Conduct

10th June 2020 The Complainant was employed as the Operations Director for the Respondent and had been employed by the Respondent for 26 years. The Complainant had a close personal relationship with Mr C, the owner and knew him for about 31 years and he was the godfather of the Complainant’s only daughter.

WRC Awards €45,000.00 in Discrimination Dismissal Claim on top of Statutory Redundancy Payment

10th June 2020 The Complainant commenced employment with the Company (a producer and retailer of specialised pork products) in September 2005, starting as a general operative and before her employment was terminated in May 2019, she held the position of supervisor.

Reopening the workplace – The New Normal

10th June 2020 Practical tips on implementing the governments Return to Work Safety Protocol

Update in respect of Covid-19 Temporary Wage Subsidy scheme

24th May 2020

n a previous article dated 30^th March  2020 (available here), we discussed the workings of the Government’s Temporary Wage Subsidy Scheme which is aimed at helping employers to keep employees on the payroll for the duration of the Covid-19 crisis (whether or not those employees are still working) so that businesses can resume normal operations more easily after the crisis.

Covid-19 Temporary Wage Subsidy Scheme

24th May 2020 On Friday 27th March, 2020, the Emergency Meausures in the Public Interest (COVID-19) Bill 2020 was passed by the Dáil Éireann. Section 28 of the Bill is a key provision from an employment law perspective. It provides a legislative basis for the recently introduced Temporary Wage Subsidy Scheme (the “Scheme”) being operated by the Irish Revenue Commissioners (Revenue).

Update from WRC and Labour Court

24th May 2020

WRC: Dealing with adjudication complaints during the period of Covid-19 related restrictions.

Zalewski v Workplace Relations Commission [2010] IEHC 178

24th May 2020

The High Court has dismissed a challenge to the constitutionality of the Workplace Relations Commission procedures in the case of Zalewski v Workplace Relations Commission [2020] IEHC 178.

Are your Restrictive Covenants enforceable? The key takeaways from Ryanair DAC v Bellew

24th May 2020

The well-publicised recent High Court decision in the case of Ryanair DAC v Bellew [2019] IEHC907 has highlighted the importance of making sure restrictive covenants are tightly drafted and well-tailored to the facts of the situation.

Landmark Supreme Court decision on the obligation to provide reasonable accommodation to employees

24th May 2020

The Supreme Court decision handed down in the long running case of Nano Nagle School v. Marie Daly [2019] IESC 63.The case raised very important questions around how the duty of an employer to provide reasonable accommodation to employees with disabilities should be interpreted.