Complainant Summarily Dismissed Due to Anticipated Breach of Non-Compete Clause Receives Unfair Dismissal Award
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
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
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
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
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
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
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
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
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
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.