Unfair Dismissal and Pre-Determined Redundancy
1. Introduction The case of Kevin Foley v Digital River Ireland Limited (ADJ-00043952) is a detailed and instructive example of a sham redundancy claim succeeding at senior management level. The Adjudication Officer considered an extensive evidentiary record of correspondence and meeting notes and found that the Respondent had finalised the decision to terminate the Complainant’s
Read More
Unfair Dismissal and Gross Misconduct
1. Introduction Gross misconduct is the limited category of conduct so serious that summary dismissal — dismissal without notice or pay in lieu of notice — may be the appropriate response. The category is narrowly defined: theft, fraud, serious dishonesty, gross negligence, serious safety breaches, and violence are typical examples. This article sets out the
Read More
Unfair Dismissal and Frustration of Contract
1. Introduction The case of Martín Santano v Enable Ireland Disability Services Limited (ADJ-00050049) is a useful illustration of the operation of the common law doctrine of frustration of contract within the framework of the Unfair Dismissals Acts 1977 to 2015. The Adjudication Officer was required to consider whether the cessation of the Complainant’s employment,
Read More
Unfair Dismissal and Disciplinary Procedures
1. Introduction The WRC Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) sets the minimum procedural standards applicable to disciplinary action in the Irish workplace. Compliance with the Code is not, in itself, a guarantee of fair procedures, but non-compliance is a strong indicator that the procedural requirements of Section
Read More
Unfair Dismissal and Constructive Dismissal
1. Introduction Constructive dismissal is one of the more difficult routes to a successful unfair dismissal complaint. It requires the employee to terminate the employment relationship and then to demonstrate, in the WRC, that the resignation was the necessary and proportionate response to the employer’s conduct. The burden of proof rests with the employee. This
Read More
Unfair Dismissal and Conceding Liability
1. Introduction The case of Daniela De La Torre Ruiz v Hamilton UK Services Ireland Limited (ADJ-00049851), decided in March 2025, is a striking example of the WRC’s approach to compensation under the Unfair Dismissals Acts 1977 to 2015 where the employer concedes that the dismissal was without cause. The Adjudication Officer awarded the Complainant
Read More
Unfair Dismissal and Client Pressure
1. Introduction The case of Tony Molloy v Kaefer Limited (ADJ-00053834), considered by the WRC in early 2026, addresses a perennially difficult question for contractor and service-provider employers: what does an employer do when its client demands that a particular employee be removed from a site, and to what extent can client pressure justify a
Read More
Unfair Dismissal and Capability
1. Introduction Capability dismissals — dismissals on the ground that the employee is no longer able to perform the duties of the role, typically by reason of ill health — are recognised by Section 6(4)(a) of the Unfair Dismissals Acts 1977 to 2015 as a potential basis for a fair dismissal. The procedural and substantive
Read More
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
Read More
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
Read More
