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13 December 2013

Sanitation Operator receives re-engagement. The Employment Appeals Tribunal held that ‘his inability to substantiate his allegations made against his supervisor in the absence of malice could not of itself be a reason for dismissal’. Read the full decision:www.labourcourt.ie

06 December 2013

Doctor wins constructive dismissal claim. The Tribunal held that the claimant’s action in resigning arose as a direct result of the deficient manner in which the respondent was operating the practice, that her resignation in the circumstances was a proportionate response and that while the implementation of such action was in breach of agreed written procedures that this was not of sufficient consequence to invalidate her resignation.The Tribunal held that the claimant had been constructively dismissed and awarded her the sum of €35,000 in compensation in respect of her claim under the unfair dismissals Acts. Read the full decision:www.labourcourt.ie

21 November 2013

Unfairly Dismissed employee receives award of €8,000 after the Employment Appeals Tribunal concluded that her role still existed and had not been made redundant. Read the decision:
www.labourcourt.ie

14 November 2013

Chef receives award of €20,000 in compensation. The Equality Tribunal held that he was subjected to harassment and constructive discriminatory dismissal on the grounds of race. Read the full decision:www.labourcourt.ie

04 November 2013

Sales Assistant dismissed after failing to pay for a box of cereal. The Tribunal held that the claimant had been unfairly dismissed and awarded her €9,500 in compensation under the Unfair Dismissals Acts.
Read more:www.employmentrights.ie

25 October 2013

Care Assistant dismissed for allegedly stealing a mug!The Tribunal held that the employer’s procedures were defective, of a bullying nature and that the claimant had been dreadfully treated. The Tribunal noted that she had not made any contribution to her dismissal and stated that they were ‘pleased to say something to vindicate the claimant’s maligned character’. The Tribunal held that the claimant had been unfairly dismissed and awarded her €15,000 in compensation under the Unfair Dismissals Acts.Read the decision:www.employmentrights.ie

16 October 2013

Unfair Dismissal claim fails. The Employment Appeals Tribunal held that the claimant’s actions were unreasonable as she had refused to accept a reduction to her salary prior to her position being made redundant. Read the decision:www.employmentrights.ie

10 October 2013

Line Operator wins constructive dismissal claim. The claimant maintained that he was constructively dismissed from his employment as he had raised a complaint with the Health and Safety Authority and this subsequently resulted in a unilateral deduction of his wages.Read the decision:www.eatribunal.ie

03 October 2013

Secretary receives €10,000 after the Employment Appeals Tribunal concluded that ‘dismissal of the claimant was harsh in circumstances where the claimant had had no formal training and guidance and had been left to her own devices’.Read the full decision:www.eatribunal.ie

26 September 2013

Lack of Fair Procedures Again! Unfairly Dismissed Shop Assistant receives award of €10,000 in compensation. The Tribunal held that the principal of ‘audi alteram partem’ (hear the other side) was not observed and that the dismissal was therefore unfair on the basis of the respondent’s defective procedures alone. The Tribunal also noted that the dismissal was a disproportionate response to the matters alleged against the claimant. Read the full decision:www.eatribunal.ie

06 September 2013

Sales Assistant loses constructive dismissal claim. The Tribunal noted that in order to involuntary resign from employment that there needed to be serious justification for a constructive dismissal claim to succeed. The Tribunal stated that the claimant acted impulsively and left her employment with undue haste. The Tribunal held that the claimant’s grievances may have had merit but her failure to exhaust the respondent’s internal procedures damaged her case. Read the decision:www.eatribunal.ie

03 September 2013

Employer’s failure to observe the principles of natural justice and fair procedures leads to employee receiving an award of €21,300 in compensation under the Unfair Dismissals Acts. Read the decision:
www.eatribunal.ie

29 August 2013

A recent Employment Appeals Tribunal decision demonstrates the importance of adopting fair and transparent selection criteria. In this case the Tribunal awarded the claimant €13,000 in compensation under the Unfair Dismissals Acts. Read the decision:www.eatribunal.ie

22 August 2013

Medical Secretary receives award of €70,000. The Equality Tribunal held that the respondent discriminated against the complainant and failed to provide her with reasonable accommodation. Read the full decision:www.equalitytribunal.ie

16 August 2013

Blood service worker loses disability equality claim. The Equality Officer held that the complainant had not been discriminatorily dismissed on the grounds of disability. The Equality Officer also held that the respondent had not failed to provide reasonable accommodation. Read the full decision: www.equalitytribunal.ie

14 August 2013

Customer Services Assistant receives award of €11,700 in compensation after the Equality Tribunal held that the respondent discriminated against the complainant in relation to conditions of employment on the grounds of gender. Read the decision:www.equalitytribunal.ie

22 July 2013

Interview marking was 'manipulated' to favour male candidate.The Equality Officer held that the complainant was discriminated against by the respondent on grounds of her gender, marital status and family status and ordered that the respondent pay to the complainant the sum of €45,000 by way of compensation for the distress suffered and the effects of the discriminatory treatment on her. Read the decision:www.equalitytribunal.ie

10 July 2013

The Equality Tribunal awards an Office Administrator €20,000 in compensation after the Equality Officer concluded that the complainant had been discriminated against on the grounds of gender. Read the decision:www.equalitytribunal.ie

03 July 2013

Team leader receives award of €13,000 under the Unfair Dismissals Acts.The Tribunal attached immense significance to the fact that two women who had brought a complaint against the claimant made it clear to their employer that they did not seek the claimant's dismissal.Read the full decision
www.eatribunal.ie

28 June 2013

General Operative receives award of €5,000 under the Unfair Dismissals Acts. The Tribunal held that the claimant had contributed substantially to his own dismissal. Read more:www.eatribunal.ie

10 June 2013

Head Chef receives award of €14,500 as a result of his employer's failure to adopt fair and adequate procedures. Read more:www.eatribunal.ie

30 May 2013

A recent Employment Appeals Tribunal decision demonstrates the importance of adopting fair and proper procedures prior to dismissing an employee. Read the decision:
www.eatribunal.ie

23 May 2013

Recent Employment Appeals Tribunal decision emphasises the importance of considering alternatives prior to making an employees position redundant. Read the decision: www.eatribunal.ie

16 May 2013

The Supreme Court has declared Registered Employment Agreements as unconstitutional. This is an extremely important development for those in the construction sector, agriculture, electrical contractors and others that were previously covered by Registered Employment Agreements.Read more:www.rte.ie

7 May 2013

Sales Assistant alleges that she was discriminated on the grounds of gender when she was dismissed from her employment while pregnant.Read more:www.equalitytribunal.ie

1 May 2013

Employee breaches restrictive covenant in his contract of employment and receives an award of €25,333.00 under the Unfair Dismissals Acts. The Employment Appeals Tribunal held that "while his contract included a restrictive covenant he was not advised that if it was breached, it could lead to his dismissal". Read more:www.eatribunal.ie

26 April 2013

General Operative receives award of €35,000 under the Unfair Dismissals Acts as a result of the verbal and physical abuse he endured from the Managing Director.Read the decison:
www.eatribunal.ie

22 April 2013

The Employment Appeals Tribunal orders re-engagement for dismissed truck driver.Read the decision:www.eatribunal.ie

15 April 2013

Recent Employment Appeals Tribunal decision demonstrates the importance of adopting a fair selection process and fair procedures before making an employees position redundant. Read the decision: www.eatribunal.ie

12 April 2013

Sales Advisor receives award of €15,000 under the Unfair Dismissals Acts. The Tribunal stated that the respondent put adherence to company policy over a fair an open consideration of the case. Read the full decision:www.eatribunal.ie

11 April 2013

Flawed Inquiry leads to award of €9850 for school secretary. Read more:www.eatribunal.ie

25 March 2013

BT Ireland has been ordered to pay an employee €13,000, after the Equality Tribunal concluded that she had been discriminated against on the grounds of race. Read the full decision:
www.equalitytribunal.ie

20 March 2013

Employee claims she was dismissed for making a complaint of bullying. The Labour Court concluded that the dismissal was unfair and awarded her the sum of €10,000 in compensation.Read the decision: www.labourcourt.ie

25 February 2013

Employment Appeals Tribunal orders re-instatement for employee who called his manager a 'moron'. Read the full decision:www.eatribunal.ie

22 February 2013

Hotel receptionist receives award of €18,000. The Equality Officer held that there had been discriminatory treatment on the grounds of gender and awarded the complainant €18,000 in compensation in respect of the discriminatory treatment suffered.Read the full decision:
www.equalitytribunal.ie

19 February 2013

The Employment Appeals Tribunal orders re-instatement of Tesco Checkout Line Manager.The Tribunal concluded that the sanction of dismissal was not within an acceptable band of reasonableness.Read the full decision:www.eatribunal.ie

12 February 2013

Former betting shop employee receives award of €2,500 in compensation. The Employment Appeals Tribunal concluded that the dismissal was not proportionate to the alleged offence.Read the full decision:www.eatribunal.ie

07 February 2013

Our Adrian Twomey will be presenting a training course entitled 'The Practicals of Employment Law' in conjuction with CIPD Ireland on Tuesday 19 February in the Burlington Hotel, Dublin 4.We can guarantee that the session will be both entertaining and informative with a heavy emphasis on the practical rather than the theoretical or academic side of employment law. Do not forget to sign up! Booking forms are available from the CIPD website: www.cipd.co.uk/global

29 January 2013

Complainant receives award of €10,000 in compensation for the distress caused to him as a result of discrimination. The complainant was deaf and required an interpreter to attend an interview with the respondent. He was unable to secure an interpreter for the day in question but requested the respondent to reschedule the interview. The respondent failed to fulfil this request. The Equality Officer concluded that the respondent failed to provide the complainant with reasonable accommodation by failing to take appropriate measures to enable him to have access to employment. Read the full decision: www.equalitytribunal.ie

21 January 2013

Business Development Manager receives award of €56,000 in compensation. The Equality Officer concluded that the complainant had been discriminated against in relation to conditions of employment. The Officer also held that she had been victimised as a result of informing the respondent that she would be filing a claim with the Rights Commissioner Service. Read the decision:
www.equalitytribunal.ie

17 January 2013

Employee claims that she was subjected to discriminatory treatment, harassment, victimisation and discriminatory dismissal on the grounds of gender and family status by a training company contrary to the Employment Equality Acts. The Equality Officer made an award of €12,000 in compensation. She received €10,000 in respect of victimisation and €2,000 for the effects of discriminatory treatment. Read the full decision:www.equalitytribunal.ie

15 January 2013

High Courts awards retired Garda €85,000 in compensation after it concluded that he had suffered significant psychiatric injury as a result of bullying in the workplace. He received €55,000 in damages for bullying and harassment, €5,000 for loss of earnings and €25,000 for defamation. Read the full decision:www.courts.ie

10 January 2013

Convenience store employee receives award of €8,000 in compensation for the harassment he endured in his workplace.Read the full decision:www.equalitytribunal.ie

02 January 2013

Truck Driver receives award of €22,000.The Tribunal held that the appellant had been invited by a text message to attend a meeting at which his employment was terminated. He was not told in advance that his employment may cease nor was he given any details of the complaints that had been made against him. Read the full decision:www.eatribunal.ie

17 December 2012

The Department of Jobs, Enterprise and Innovation intends to publish an Employment Permits Bill in early 2013 as a result of a recent High Court Decision.In Hussein -v- The Labour Court it was held that the claimant, Mr Younis was not entitled to the award of €93,134 granted by the Rights Commissioner as his employment contract was illegal.Read the decision:www.courts.ie

12 December 2012

Warehouse Operative receives award of €20,000 as a result of his employer's failure to follow fair procedures. Read the decision: www.eatribunal.ie

6 December 2012

Restaurant worker loses claim under the Unfair Dismissals Acts. The Claimant had been selected for redundancy based on LIFO (last-in-first-out) which the Tribunal held to be an objective criterion.Read the full decision:www.eatribunal.ie

5 December 2012

The Equality Authority produces a number of useful guides to Equality Legislation each year. Most recently the Equality Authority has updated their existing guide to maternity rights in the workplace. This guide has also now been translated into 14 languages and is available for download at:
www.equalitytribunal.ie

27 November 2012

Former employee of a Tipperary car dealership receives award of €72,000. The Employment Appeals Tribunal held that it was reasonable for the claimant to leave her employment in light of the treatment received by her at the hands of her employer.Read the decision: www.eatribunal.ie

21 November 2012

DEC-E2012-135: Elizabethe Sweeny-v-Aer Lingus Teo. The Equality Officer concluded that there had been discriminatory treatment on the grounds of age and awarded the complainant €5,000 in compensation. Read the decision:www.equalitytribunal.ie

20 November 2012

Security Officer accused of using 'excessive force' receives award of €48,000 under the Unfair Dismissal Acts. Read the decision:
www.eatribunal.ie

16 November 2012

Chef receives award of €10,000 under the Unfair Dismissal Acts.The Tribunal held that the incident that had occured and the subsequent events did not amount to gross misconduct. Read the decision: www.eatribunal.ie

12 November 2012

General Operative receives award of €18,000 after he was dismissed for being absent from work without permission. The Tribunal concluded that the process that the Respondent engaged in was procedurally flawed and thus invalid.Read the full decision:
www.eatribunal.ie

08 November 2012

Delivery driver receives award of €15,000 under the Unfair Dismissal Acts. Read the decision:www.eatribunal.ie

24 October 2012

Casino worker receives award of €2,500 under the Unfair Dismissal Acts. The Tribunal concluded that the Respondent failed to adopt fair procedures when dismissing the Claimant. They did however note that the Claimant contibuted to his own dismissal when he borrowed a large sum of money from the Respondent without permission. Read the decision:www.eatribunal.ie

16 October 2012

Former employee of Q Park Ireland Limited who was forced to retire receives award of €15,000. The Equality Tribunal held that he was discriminated on the grounds of age. Read the decision:www.equalitytribunal.ie

15 October 2012

Shop Assistant's claim under the Unfair Dismissal Acts fails. The Tribunal concluded that there was no doubt that his actions constituted gross misconduct and so the Respondent was entitled to dismiss the Claimant for theft. Read the decision:www.eatribunal.ie

11 October 2012

Claimant receives award of €65,000. The Employment Appeals Tribunal held that a genuine redundancy situation did not in fact exist and that the procedures that the Respondent had adopted were seriously flawed. Read the decision:www.eatribunal.ie

09 October 2012

If you have a disciplinary procedure in place-then follow it! A recent Employment Appeals Tribunal decision demonstrated the importance of following internal procedures before dismissing an employee. The Claimant in this case was dismissed without recourse to any disciplinary procedure. The Tribunal subsequently awarded him €25,000 under the Unfair Dismissal Acts. Read the decision: www.eatribunal.ie

05 October 2012

Our Adrian Twomey spoke at the International Bar Association Conference 2012 on Tuesday 02 October. He was one of 8 speakers who were involved in the presentation entitled: 'Mobility, tax and passports, implications of crossing the border'. Adrian presented his element of the presentation on immigration from an Irish perspective. Next years conference is due to be held in Boston.

03 October 2012

The Employment Appeals Tribunal awards €10,000 under the Unfair Dismissal Acts after they concluded that the Respondent failed to follow its own procedures. Read the full decision:www.eatribunal.ie

26 September 2012

The Employment Appeals Tribunal awards €35,000 to individual who was dismissed as a result of a complaint he made against his employer to the Health and Safety Authority.Read the decision:
www.eatribunal.ie

25 September 2012

Mortgage consultant receives award of €95,000 after the Equality Tribunal concluded that she was discriminated on the grounds of gender in relation to her dismissal. Read the decision:www.eatribunal.ie

20 September 2012

Claimant dismissed for his performance under the cloak of redundancy. Employment Appeals Tribunal awards €200,000. Read the decision: www.eatribunal.ie

11 September 2012

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10 September 2012

The Equality Tribunal awards €30,000 to a mechanic. They held that his employer had discriminated against him on the grounds of age by enforcing compulsory retirement. Read the decison:
www.equalitytribunal.ie

05 September 2012

Employment Appeals Tribunal awards €32,000 to manufacturing fabricator under the Unfair Dismissal Acts. The Tribunal held that the disciplinary procedures used by the Respondent were flawed. Read the decision:
www.eatribunal.ie

23 August 2012

Electrician receives award of €22,000.The Equality Tribunal held that he was discriminatorily dismissed on the grounds of age.Read the full decision:www.equalitytribunal.ie

20 August 2012

Truck Driver receives award of €25,000 under the Unfair Dismissal Acts. The employer failed to allow the employee the benefit of any fair and reasonable procedures. Read the full decision: www.eatribunal.ie

13 August 2012

Delivery driver/salesman wins constructive dismissal claim and is awarded €32,000 by the Employment Appeals Tribunal. Read the full decision:www.eatribunal.ie

07 August 2012

An accountant, who was dismissed after she informed her employer of her pregnancy, has been awarded €20,000 by the Equality Tribunal for discrimination on the grounds of gender. Read the full decision:www.equalitytribunal.ie

01 August 2012

Major reform of the employment dispute resolution institutions is underway. Read the short update that we have prepared. Download here

31 July 2012

In the recent case of AIB PLC & Ors-v-Diamond & Ors the High Court has granted an injunction to restrain several former employees from soliciting customers, using confidential information in respect of these customers and concluding contracts with them. Read the full decision:
www.courts.ie

27 July 2012

The Employment Appeals Tribunal has dismissed a claim under the Unfair Dismissal Acts.The employee was found to be misrepresenting the extent of a back injury suffered by him during the course of his employment. The company's discovery of this through the use of a private investigator led to his immediate dismissal. The Tribunal held that the dismissal was procedurally fair.Read the full decision:www.eatribunal.ie

18 July 2012

AD1254-A worker who received 10 verbal warnings has been awarded €5,000 beacuse his dismissal was inconsistent with the principles of natural justice and fair procedures.Read more at:www.labourcourt.ie

10 July 2012

UD 2183/2012- Failure to invoke internal grievance procedures proved fatal in unfair dismissal claim. Read more at: www.eatribunal.ie

03 July 2012

The Department of Social Protection is considering prohibiting workers from having their sick certs signed by their own GP. Employees may now have to seek approval from the Company doctor.

15 June 2012

Mutual trust is an essential element of any employer/employee relationship. The Employment Appeals Tribunal in a recent decision have found it reasonable for an employer to dismiss when this trust is irreparably undermined by an employee's actions.Read the full decision:www.eatribunal.ie

14 June 2012

The Employment Appeals Tribunal awards €30,000 under the Unfair Dismissal Acts.In this case the claimant was denied access to a redundancy matrix developed by SIAC Construction.The procedure was further flawed by not allowing the employee an opportunity to comment on the selection matrix used.Read the full decision:www.eatribunal.ie

12 June 2012

UD2442/2010- The Employment Appeals Tribunal in a recent decision found that a dismissal was not unfair. This was mainly attributable to the fact that the claimants actions could have had a serious effect on the respondents business. The claimant in this case was found to have been accessing adult sites on the company's computer during working hours.Read the full decision:www.eatribunal.ie

08 June 2012

The Employment Appeals Tribunal has ordered re-engagement for two employees who were allegedly falsifying time sheets. The Tribunal deemed the dismissal to be unfair in the circumstances. Read more:www.eatribunal.ie

05 June 2012

A man who was sacked for failing to provide documentary evidence that he brought his child to hospital on a day that he was absent from work has been awarded €7,500 under the Unfair Dismissal Acts. The company believed that failure to comply with company policy constituted gross misconduct. While the Tribunal stated that the failure by the Company to follow its own internal procedures was a fatal flaw, they did note that the claimant contributed to his own demise by not providing the company with the required documentation.Read More:
www.eatribunal.ie

01 June 2012

A standard form of procedure to enforce Rights Commissioner,Labour Court and Employment Appeals Tribunal awards is to come into force from June 6. Order 57 of the Circuit Court rules has been amended to specify that form 36L will be used when applying for any enforcement from the three employment rights institutions. For more information see circuit court rules at:www.courts.ie

29 May 2012

We have prepared a short synopsis of the Protection of Employees (Temporary Agency Work) Act 2012. Download here

23 May 2012

UD 1443/2009-Anthony Prizeman v Charlie Shiels Limited. An employee who was made redundant after he refused to accept a pay cut, has been awarded €7,000 by the Employment Appeals Tribunal. The unfair dismissal claim succeeded because the claimant was made redundant without adequate discussions as to whether there might have been a workable compromise.Read the full decision at:www.eatribunal.ie

22 May 2012

The Protection of Employees (Temporary Agency Work) Bill, has been enacted. The Protection of Employees (Temporary Agency Work) Act 2012 provides that equal treatment in terms of basic working and employment conditions must be applied to temporary agency workers in the same way as if they were directly recruited by the hirer to the same or similar job. This will have major implications for employment agencies and employers who use agency staff.

22 May 2012

UD2044/2010- Angela Brandt v St Clares Primary School:The Employment Appeals Tribunal has ruled that a teacher's unfair dismissal claim was barred on the grounds of delay, as it was beyond the normal 6 month time limit and the 'exceptional circumstances' submitted did not warrant an extension. Read the full decision at:www.eatribunal.ie

14 May 2012

The Protection of Employees (Temporary Agency Work) Bill 2011 has been passed by both houses of the Oireachtais and should be enacted within the coming weeks. The Bill is available on the Oireachtais website:www.oireachtais.ie

09 May 2012

The Government has published a blueprint to deliver a world class Workplace Relations Service which proposes a two tier structure that will inevitably lead to the winding up of the Employment Appeals Tribunal. The Irish Times have commented this week that this proposition may contain flaws that will mean that it may not deliver the necessary improvements to the current regime. Furthermore it could be declared constitutionally invalid.

03 May 2012

Advokat is now on Facebook. For regular updates on employment law and related issues, please like us at facebook.We expect to post a new update every weekday.
Advokat is a trading name of Advokat Compliance Limited a limited company registered in Dublin No. 416390, VAT IE 6436390B, with a registered address at Dun Barra, Dunanore, Bree, Enniscorthy, Co Wexford, Ireland. The directors are Adrian Twomey and Sarah Twomey.

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