New Sectoral Employment Order (Construction Sector) 2023
The Department of Enterprise, Trade and Employment recently published the Sectoral Employment Order (Construction Sector) 2023 (“the Order”) which has been approved by the Oireachtas.
Dismissal Within the Band of Reasonableness for Breaching Smoking Ban, but Deemed Unfair Due to Investigation
In the recent case of Darren Kiernan v Joseph Brennan Bakeries ADJ-00039331 the Complainant was dismissed for smoking in his personal van in the Respondent’s parking lot, rather than in the designated smoking shed.
Director Held to be an Employee and Awarded Compensation under Unfair Dismissals Acts
Facts: The Complainant was one of two original directors of the Respondent, Tile & Wood Factory Outlet (Limerick) Limited, along with her husband when the company was set up on 21st April 2016 as a single-member company.
Employer Directed to Amend Parental Leave Policy and Remove Requirement for Approval
The Workplace Relations Commission (“WRC”) case of Elizabeth O’Reilly v Avista CLG was brought under Section 18 of the Parental Leave Act 1998 (“the Act”) in respect of the Complainant’s persistent issues with her employer in respect of her applications for parental leave.
High Court Rules that Disciplinary Process Should Proceed, but Lifts Plaintiff’s Suspension
In Amanda Hennigan v An Comisiún Le Rincí Gaelacha [2023] IEHC 87, the Plaintiff applied to the High Court for an interlocutory injunction restraining the Respondent from pursuing disciplinary proceedings against her.
Labour Court Overturns WRC Finding of Discrimination where Pregnant Employee was Denied the Opportunity to Work Remotely During the COVID-19 Pandemic
In the Labour Court case, Saint John of God Community Services v. Ann Doherty EDA 2313,the Respondent employer appealed the Workplace Relations Commission (“WRC”) finding that the Complainant had been discriminated against on the grounds of her family status.
WRC Awards €30,000 Due To Employer Not Complying with Code of Practice for Longer Working When Enforcing Mandatory Retirement Age
In the case of Brendan Beirne v Rosderra Irish Meats Group ADJ00027036 the Workplace Relations Commission (“WRC”) addressed the application of mandatory retirement ages and how to deal with requests for longer working.
Employer’s Response to Sexual Harassment Complaint Insufficient Despite Complainant’s Request to Deal with It “Quietly”
In the case of Nadine Harty v Causeway Hospitality Ltd Greenway Manor Hotel ADJ-00036502 the Complainant alleged that she was discriminated against on grounds of gender and that she was subjected to sexual harassment and harassment in the workplace.
Award for Constructive Dismissal Where Employer did not Progress Grievance
In the case of Ciaran Roche v 3Rockeco Limited (ADJ-00035648) the Workplace Relations Commission (“WRC”) was required to consider whether 3Rockeco Limited (the “Respondent”) had acted so unreasonably as to amount to a repudiatory breach of its contract of employment with its employee, Ciaran Roche (the “Complainant”).
WRC Finds that Employer Acted Unreasonably in Failing to Make Genuine Efforts to Contact Employee Who Was Absent from Work
The recent Workplace Relations Commission (“WRC”) case of Kamil Goljanek v Lidl Ireland Gmbh ADJ-0037483 contains an interesting set of facts and examines the extent to which an employer is expected to make reasonable and genuine efforts to contact an employee who is absent from work and not engaging in an investigation or disciplinary process.