021-2362841

Long term absence during a probationary period?

A respondent employer was ordered to pay €10,000 to the complainant in compensation for breaches of the Employment Equality Acts. Background The complainant initially commenced employment for the respondent through a recruitment agency between May and October 2012,...

Dismissed without disciplinary procedure?

A graphic designer filed a complaint against her ex-employer under Section 8 of the Unfair Dismissals Act, 1977. Background The complainant had been employed by the respondent company for just less than 9 years, when she was dismissed on grounds of performance quality...

Violation of work procedures in an exceptional circumstance!

An ex-employee of 18 years filed a complaint against the respondent company under Section 8 of the Unfair Dismissals Act, 1977. Background The complainant had been employed by the respondent company as a Warehouse Manager for just over 18 years when he was dismissed...

Dismissal during long term absence from work deemed to be fair

An ex-childcare assistant filed a complaint under the Unfair Dismissals Act when her employment was terminated following a prolonged absence. Background The complainant had been absent on maternity leave. A medical certificate was supplied, informing the respondent...

Did you go back to the same job after your maternity leave?

Many employees who go on maternity leave may not be aware that they are entitled to go back to the same job they were in prior to their maternity leave, or if this is not possible a suitable alternative accommodation must be provided to them. The Labour Court decision...

Unfair Dismissal: An Insight

The question we are often asked by an employee who is fearful of imminent dismissal is “Can my employer do this?” On the other hand we are often asked by an employer “How can I legally dismiss an employee” The answer to both questions will always come down to fair...

Sexual Harassment in the Workplace: A Lawyer’s Perspective

The recent appalling revelations in the worlds of cinema and theatre are ongoing and more incidents of sexual harassment in the workplace are coming to light every day. The question arises as to how sexual harassment is tackled under Irish Law. Not surprisingly, it is...

Compensation Awarded for Discriminatory Dismissal

A former employee challenged the decision to terminate her employment, filing complaints under the Employment Equality Acts and the Terms of Employment (Information) Act. Background The complainant had been employed as a book keeper for just over twelve years and was...

Can a lack of fair procedures invalidate a bullying claim?

A lack of fair procedures led to a recent High Court decision, wherein an applicant’s summons to a disciplinary meeting were set aside indefinitely. Background Mr. Lyons (applicant) had been employed as a deputy principal in a college under the control of LWETB...

Those in the Construction sector – be afraid!

The Labour Court is about to come calling! The Labour Court has issued a Notice they they intend to Conduct an Examination into Terms and Conditions in the Construction Sector. It will consider terms and conditions relating to remuneration and any sick pay scheme or...