Minimum Notice and Payment in Lieu
1. Introduction Pay in lieu of notice is permitted under Section 7 of the Minimum Notice and Terms of Employment Act 1973, but only where the contract provides for it or the employee consents. Where pay in lieu is given, it must be calculated by reference to normal weekly remuneration including all regular components of
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Unfair Dismissal and Calculating Compensation
1. Introduction The case of Caroline O’Connell v Lionbridge International Unlimited Company (ADJ-00057077), decided in 2025, has attracted particular attention as one of the WRC’s recent high-value unfair dismissal decisions. The Adjudication Officer awarded the Complainant compensation of €142,984 having found, on the basis of conceded liability, that the dismissal was without cause within the
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Minimum Notice and Continuous Service
1. Introduction Continuous service is the foundation of the statutory notice framework. The First Schedule to the Minimum Notice and Terms of Employment Act 1973 sets out detailed rules on what counts as continuous service, including the effect of absences, transfers between associated employers, and re-employment after dismissal. This article considers the rules on continuous
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Unfair Dismissal and Authority to Dismiss
1. Introduction The case of Wim Naude v University College Cork (ADJ-00042625) is included in the WRC’s 10-Year Anniversary Case Report as a leading example of a dismissal that, although nominally founded on substantial grounds, was vitiated by a fundamental procedural failure: the dismissal had been effected by a person who lacked the authority to
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Redundancy and Suitable Alternative Employment
1. Introduction The treatment of offers of suitable alternative employment in the redundancy context is a recurring source of dispute. The case of A Bartender v A Bar and Restaurant Owner (ADJ-00020568) is one of a number of decisions illustrating the WRC’s approach to this question. The framework draws on the English case of Cambridge
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Redundancy and Statutory Lump Sum
1. Introduction The statutory redundancy lump sum under Section 7(2A) of the Redundancy Payments Act 1967 is the principal financial protection for employees dismissed by reason of genuine redundancy. The calculation is mechanical but operates within a complex framework of qualifying conditions, service calculation, and pay calculation. This article addresses the framework for the calculation
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Redundancy and Section 39 Disputes
1. Introduction Section 39 of the Redundancy Payments Act 1967 provides for the resolution of disputes about the right to a redundancy payment by reference to the WRC. The provision is the principal route for the determination of redundancy payment claims and is supplemented by the procedural framework of the Workplace Relations Act 2015. This
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Redundancy and Section 24 Time Extension
1. Introduction The case of A Deli Assistant v A Sandwich Shop (ADJ-00027111) is a useful illustration of the operation of the time extension provision under Section 24 of the Redundancy Payments Act 1967. The provision allows the WRC to extend the standard 52-week time limit for redundancy payment claims where reasonable cause is shown.
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Work Life Balance and Remote Working
1. Introduction The Work Life Balance and Miscellaneous Provisions Act 2023 introduced a statutory right to request remote working, alongside other work-life balance entitlements. The right to request is significant but procedural: it does not confer a right to remote working as such, but rather a right to make a structured request and to have
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Work Life Balance and Flexible Working
1. Introduction The case of Heather Farrell v Salesforce.com Ireland Limited (ADJ-00052842) is a leading early decision on the right to request flexible working under the Work Life Balance and Miscellaneous Provisions Act 2023. The decision addresses the procedural requirements imposed on employers and the scope of the Adjudication Officer’s jurisdiction. This article addresses the
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