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WRC Upholds TUPE Complaint Four Years After the Transfer

Anne O'Connell Solicitors | November 17, 2025

 In Sara Halpin v Robert & F Warren Ltd (ADJ-00058438), one of the claims that the Complainant sought adjudication from the Workplace Relations Commission (“the WRC”) was under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, commonly referred to as “TUPE Regulations”. Her claim was that she was never notified of …

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WRC Finds No Genuine Redundancy where Employee was Dismissed Following Refusal of New Contract Terms

Anne O'Connell Solicitors | November 17, 2025

In Dariusz Kowalski v Nvd Limited (ADJ-00034716) the Complainant claimed that he was unfairly dismissed by the Respondent because of his refusal to sign a new contract that altered the terms and conditions of his employment to his detriment.

Labour Court Overturns WRC Decision on Mandatory Retirement of Civilian Garda Driver

Anne O'Connell Solicitors | October 29, 2025

The Labour Court recently issued its decision on an appeal of a Workplace Relations Commission (“WRC”) decision which found that Mr Tom Ronan, a civilian garda driver (the “Complainant”), was discriminated against when he was forced to retire at 70. The WRC Adjudicator, Brian Dalton, ordered re-engagement of the Complainant in his role as a …

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Supreme Court Recognises Claim For Damages For Emotional Stress Short Of Psychiatric Injury But Not As A ‘Personal Injury’ Claim

Anne O'Connell Solicitors | October 29, 2025

The Supreme Court judgement (of O’Donnell CJ, Dunne J, Hogan J, Murray J and Collins J) in Patrick Dillon v. Irish Life Assurance PLC which was handed down on 24th  July 2025, considered whether claims for emotional distress as a result of a data breach falls within the definition of ‘personal injury’ under the Personal …

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Teacher Told in Interview to “enjoy every moment at home with the baby” Awarded €85,000 as Compensation for Discrimination

Anne O'Connell Solicitors | October 29, 2025

In Emily Williams v Board of Management, St Tola’s National School (ADJ-00055461) the Complainant alleged she was discriminated against by reason of her family status by the Respondent primary school. The Complainant submitted a complaint to the Workplace Relations Commission (“WRC”) under the Employment Equality Acts 1998-2015 (the “Acts”).

Recent Decisions on Mandatory Retirement Highlight Requirement for Appropriate Contractual Provisions and Retirement Policies

Anne O'Connell Solicitors | September 15, 2025

The Workplace Relations Commission (“WRC”) and the Labour Court (the “Court”) each recently issued a decision on the subject of mandatory retirement ages in Denise Murphy v Royal College of Surgeons in Ireland (ADJ-00046831) (WRC decision) and Deepak fasteners (Shannon) Ltd v Liam Murphy (EDA2545) (Labour Court decision). The decisions demonstrate the requirement for employers …

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New Mother Discriminated Against By Employer Awarded €50,000

Anne O'Connell Solicitors | September 15, 2025

In Lisa McGrath v Net Smart Security Limited (ADJ-00056559) the Workplace Relations Commission (“the WRC”) found that the Complainant was discriminated against by her employer on the grounds of gender and family status. The Adjudicator, Particia Owens, awarded the Complainant €50,000 (almost two years pay) for the Respondent’s breach of section 77 of the Employment …

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WRC Finds that Victimisation Can Occur in Response to Proceedings Issued against a Different but Related Entity

Anne O'Connell Solicitors | September 15, 2025

In Aoife Cleary v St. Patrick’s National School Lurgybrack (ADJ-00053384) the Complainant lodged several complaints with the Workplace Relations Commission (“WRC”), including a complaint of victimisation under the Employment Equality Acts. She claimed that she was victimised by the Respondent school as a result of Employment Equality Act proceedings that she had brought against a …

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WRC Deems Compromise Agreement Invalid – Employees Should Have Opportunity To Take Legal Advice

Anne O'Connell Solicitors | September 15, 2025

Andrea Myers v Clay Youth Project Clg (ADJ-00056614) is a recent unfair dismissal case that was before the Workplace Relations Commission (“WRC”). The Complainant brought a complaint under the Unfair Dismissal Acts 1977-2015 (the “Acts”) claiming she had been constructively dismissed by her employer. However, in an interesting set of circumstances, the Complainant had signed …

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WRC Upholds Sexual Harassment Complaint but Reduces Award

Anne O'Connell Solicitors | September 15, 2025

In Lenianastasia Shanahan V Roots Health Food (ADJ – 00054550) the Complainant claimed that she experienced sexual harassment in her employment with ‘Roots’ under section 79 of the Employment Equality Acts 1998 – 2015. Facts: The Complainant commenced employment with the Respondent in March 2024 as a server/assistant production. She worked for 16 weeks until …

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