Time Limit to Appeal to Labour Court — Scales v Euro Parks Ireland (ADJ-00028709)
Background The case of Mr Paul Scales v Euro Parks Ireland Limited (ADJ00028709) examines the circumstances under which the Labour Court will consider an appeal if the appeal has been lodged outside of the requisite timeline. Mr Scales (the Complainant) brought a complaint under the Protection of Employees, (Temporary Agency Work) Act, 2012 against
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Rest Periods under the Organisation of Working Time Act, 1997 — Oliveira v B. Gallagher t/a Station House Hotel (ADJ-00040797)
Background The case of Ana Oliveira v B. Gallagher Limited trading as the Station House Hotel (ADJ00040797) examines the circumstances under which an employer will be in breach of the Organisation of Working Time Act, 1997, if an employee is not provided with an eleven hour rest period in every twenty four hours worked. Ms
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When are Wages ‘Properly Payable’? — Power v Garryowen Community Development Project (ADJ-00045719)
Background The case of Maureen Power v Garryowen Community Development Project (ADJ00045719) examines the circumstances under which wages will be properly payable by an employer to an employee. Ms Power (the Complainant) brought a complaint under Section 6 of the Payment of Wages Act, 1991 against Garryowen Community Development Project (the Respondent) to the Workplace
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The Taxation of Employment Dispute Settlement Agreements
1. What is a Settlement Agreement? A settlement agreement is a contract between two parties confirming that no dispute remains between them. In the employment context, it most commonly arises where an employment relationship has broken down and a financial payment is offered in return for the employee waiving their rights to pursue claims,
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Unfair Dismissal and Misconduct
1. Introduction Dismissal for misconduct is the most common substantive ground relied upon by employers under the Unfair Dismissals Acts 1977 to 2015. Section 6(4)(b) recognises conduct as a potentially fair reason for dismissal, but the procedural and substantive requirements are demanding. This article sets out the framework, including the distinction between misconduct and gross
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Unfair Dismissal and the Section 8 One-Year Rule
1. Introduction Section 2(1)(a) of the Unfair Dismissals Act 1977 (as amended) restricts the protection of the Acts to employees with at least one year’s continuous service. This service requirement is a fundamental threshold question in every unfair dismissal complaint. This article sets out the operation of the one-year rule, the calculation of continuous service,
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Unfair Dismissal and the Right to Appeal
1. Introduction The right of appeal is a fundamental procedural protection in employment law. Its omission, or its inadequate operation, is a recurring cause of unfair dismissal findings before the WRC and the Labour Court. This article sets out the substantive content of the right of appeal, the procedural requirements that attach to it, and
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Unfair Dismissal and The Labour Court on Remuneration
1. Introduction A recent Labour Court determination in X Internet Unlimited Company v Y, on appeal from a WRC unfair dismissal decision, has had a significant impact on the calculation of remuneration in unfair dismissal cases under the Unfair Dismissals Acts 1977 to 2015. The Labour Court reduced what had been a record WRC award
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Unfair Dismissal and the Duty to Mitigate Loss
1. Introduction Two recent decisions — one of the WRC and one of the Labour Court — have re-examined the requirements imposed on dismissed employees to mitigate their loss under Section 7 of the Unfair Dismissals Acts 1977 to 2015. The WRC decision in Conor Gilligan v Derrin Group Management Limited (ADJ-00058189) and the parallel
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Unfair Dismissal and Sham Redundancy
1. Introduction The case of David Henderson v The Bohemian Football Club Company Limited by Guarantee (ADJ-00056820), decided in July 2025, is a striking example of the WRC’s willingness to award the upper limit of compensation available to it where a redundancy is found to be a sham. The Adjudication Officer awarded the Complainant €26,000
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