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 …
Covid 19 – A timely reminder of employer obligations in respect of layoff, short time and redundancies
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 …
Covid-19 and Employment Law – Milestones in May
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…..
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.