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 …
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 …
Continue reading “Maximum Award For Mandatory Retirement As No Justification”
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 …