Employee or Independent Contractor? WRC Provides Useful Overview of the Relevant Legal Tests
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
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
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
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
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
Facts: The Complainant, Gerard Buston, commenced employment with the Respondent, Duggan Systems Limited, as a factory operative on 30th May 2018 and subsequently worked as a line leader from 18th November 2019. In 2020 he was placed on temporary lay-off from 30th March to 10th April. Later that month an altercation took place between the Complainant and his manager. …
Work Life Balance and Miscellaneous Provisions Bill – General Scheme Gains Government Approval
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 21st 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 …
WRC Dismisses Payment of Wages Claim – Contractual Term Allowed the Respondent to Deduct Costs Associated with Failure to Provide Notice
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 …
Labour Court Finds That Providing a Proper Translator at Appeal Stage Did Not Mend the Unfairness of Disciplinary Process Where He Was Summarily Dismissed
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
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 …