Dismissal due to Pregnancy
1. Introduction The case of The case of Ms Abbie Walsh v Soraghan Auto Retail Limited T/A Sandyford Motor Centre (ADJ00045841) examines the circumstances under which the dismissal of a pregnant employee will be deemed to amount to a form of discrimination. Ms Walsh, (the Complainant), brought a complaint under Section 77 of the Employment
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Compensation for Unfair Dismissal – Mitigation of Loss
1. Introduction The case of Noel Baron v Orbit Security Limited (ADJ00032287) examines the circumstances under which redress will be awarded where an employee fails to demonstrate they took sufficient efforts to mitigate their losses. Mr Baron (the Complainant) brought a complaint under Section 8 of the Unfair Dismissals Act, 1977 against Orbit Security Limited
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Redundancy in Ireland: Your Rights, the Process, and When It Becomes Unfair Dismissal
Redundancy Law In Practice Redundancy is a lawful reason to end someone’s employment, but only if it’s genuine, and only if the process is fair. Many employers get this wrong. If you’ve been made redundant and something doesn’t feel right, you may have grounds for an unfair dismissal claim. Here’s what Irish employment law actually
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Unfair Dismissal – Contribution of Employee to Dismissal
Introduction While an employee may often win their claim of unfair dismissal, an Adjudication Officer may reduce the amount awarded on foot of the conduct of that employee. In this article, we review a number of cases that involve employees who were successful in their claims of unfair dismissal, but who had their compensation reduced
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Dismissal or Resignation?
Did a dismissal occur? Very often, the fact of dismissal can be in dispute. An employer may claim the employee resigned and the employee claim they were fired. How does the Workplace Relations Commission or Labour Court determine the fact of dismissal? There can be no absolute rules about is, or is not, a
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Unfair Dismissal and Contested Dismissal
Introduction A man who worked in the same garage for 51 years before being sacked was awarded €30,000 for unfair dismissal and many other employment law violations (see An Employee v. A Garage) (ADJ-00037740). The employee testified before the Workplace Relations Commission (WRC) that he began his employment in July 1970. The WRC determined that
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How much compensation do you get for unfair dismissal in Ireland?
Introduction The recent Workplace Relations Commission (WRC) case of A Sales Executive v A Software Company (ADJ-00027573) examined the issue of the calculation of compensation in unfair dismissals claims. A Sales Executive (the Complainant) commenced employment with a Software Company (the Respondent) on 12 December 2016. On 17 September 2019, the Complainant was dismissed for
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Mitigation of Loss – Unfair Dismissal
Introduction Recently, the Workplace Relations Commission (WRC) addressed the issue of compensation payable to an employee, particularly in light of their efforts to mitigate their sustained loss (Michal Wrobel -v- Haccius Logistics Limited ADJ-00035911). Facts Mr Wrobel (the Complainant) lodged a complaint of Unfair Dismissal. He had been employed by Haccius Logistics Limited (the Respondent)
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Dismissal for Gross Misconduct
Introduction A recent case before the Workplace Relations Commission (WRC) (Paul Gary Dixon -v- DFS Normal Trading Limited ADJ-00030253) highlights a number of considerations to be kept in mind before an employee considers bringing a claim of unfair dismissal following their termination of employment for gross misconduct. In summary, the complainant, Mr Dixon, was employed
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Unfair Dismissal – Compensation Considerations
Unfair Dismissal – Compensation In most circumstances, when an individual brings a claim of unfair dismissal, if successful, they may be awarded loss of earnings from the termination date until they obtain new employment. In theory, a claim under the Unfair Dismissals Act can result in an award of up to 2 years’ salary, however
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