Employer Found to be Justified in not Selecting Complainant with Disability for Role
William Morris v Iarnrod Eireann Irish Rail ADJ-00027184 is an interesting recent decision from the Workplace Relations Commission (“WRC”) which examined whether an employer’s decision not to hire someone with a disability was justified on the basis of its medical policy in the context of a safety critical role.
Right to Statutory Redundancy Payment Distinct and Separate from Right to Redress Under Unfair Dismissals Act
Facts: The Complainant was a Fleet Training Manager who was employed with the Respondent for 15 years prior to his dismissal.
“No-Fault Dismissal” Deemed to be Substantively Unfair
In Caroline Mcaree v Newbrook Nursing Home Ulc Drumbear Lodge Nursing Home ADJ-00030614 the Complainant submitted a complaint under the Unfair Dismissals Acts 1977-2015 (the “Acts”) that she was unfairly dismissed without reason or explanation.
Long Awaited – Sick Leave Act 2022
The highly anticipated Sick Leave Act (“the Act”) was finally signed into law by the President on 22 July this year, however the provisions of the Act are not due to commence until 2023.
Dismissal Upheld but Date of Dismissal Amended Which Cost the Employer
In the case of Tara Keating v. Camfil (Ire) Ltd ADJ-00030501 the Adjudicator agreed that the dismissal date was in fact after the outcome of the disciplinary appeal, rather than as per the outcome of the disciplinary hearing.
Constructive Dismissal Finding, but What More Could the Employer Have Done?
The Complainant in Frank O’Dwyer v Tesco Ireland ADJ-00034404 brought a constructive dismissal complaint against his former employer, Tesco Ireland, alleging that he was left with no alternative but to terminate his employment because of bullying on the part of the Store Manager.
Dismissal of Employee With Autoimmune Disease During Covid 19 Deemed Discriminatory
In the recent WRC case of Damien O’Sullivan v Fg Wilson Engineering (Dublin) Limited – ADJ-00030123 an employee was awarded €41,076.00 for a dismissal that was deemed to be a discriminatory dismissal in breach of the Employment Equality Acts 1998-2015.
Fixed-Term Worker entitled to Contract of Indefinite Duration Despite Breaks in Service
In Alessio Caratti O Garatti v Dublin Institute for Advanced Studies (“DIAS”) the Complainant was employed by the Respondent as a Postdoctoral researcher on a number of Fixed Term contracts in the years 2014 to 2021.
Despite Seriously Flawed Procedures, Zero Compensation Awarded for Unfair Dismissal
In Bridget Clarke v Paul Connolly[1], the Adjudicator found that the Respondent had unfairly dismissed the Complainant as he had not afforded the Complainant with her the basic rights of natural justice before making the decision of dismissal.
Labour Court Overturns WRC Finding of Discrimination – “Very Basis” for Complaint Not Well Founded
David Aranda Petit Delice Limited v Jessica Padayachee – EDA2219 is a recent Labour Court appeal of a decision of the Workplace Relations Commission (“WRC”).