Law at Work | Updates

The case of Aline Karabko v TikTok Technology Ltd (ADJ-00051600) examines the obligations employers have, under Irish law, when a request for remote work is made by an employee. As the law in Ireland currently stands, there is no right to remote work per se. This may be overcome when an individual has been guaranteed remote work in their contract of employment or remote work has been determined to constitute a reasonable accommodation in accordance with relevant employment legislation, where applicable. However, none of these exceptions applied in the present case.

The case of Dean Hart v Komfort Kare (ADJ00051923) examines the circumstances under which a request for time off, by a parent, from their employer, must be given due consideration.
Dean Hart (the Complainant) brought a complaint under Section 18 of the Parental Leave Act 1998 against Komfort Kare (the Respondent) to the Workplace Relations Commission (WRC), alleging that they denied him the right to take force majeure despite extenuating circumstances.

The case of Care Worker v Costern Unlimited Company (ADJ00046268) examines the circumstances under which it will be deemed reasonable for an employee to resign and bring a claim of unfair dismissal by way of constructive dismissal on foot of a failure of their employer to properly investigate their complaints.

The case of Eric Bentley v Carcharger EV Limited (ADJ00050468) examines the circumstances under which an employee will be entitled to a payment in lieu of notice if dismissed during their probationary period. This is a very interesting case, as it was brought under the payment of wages provisions, but decided upon under notice legislation.

The case of Mark Lowry v JJ Fleming and Company Limited (ADJ00036677) examines the burden of proof issues that often arise in constructive dismissal claims. Uniquely, the employer offered no substantive evidence to support their case, yet won, highlighting the very difficult hurdles an employee often faces in bringing an unfair dismissal claim following their resignation.

The case of Aline Karabko v TikTok Technology Ltd (ADJ-00051600) examines the obligations employers have, under Irish law, when a request for remote work is made by an employee. As the law in Ireland currently stands, there is no right to remote work per se. This may be overcome when an individual has been guaranteed remote work in their contract of employment or remote work has been determined to constitute a reasonable accommodation in accordance with relevant employment legislation, where applicable. However, none of these exceptions applied in the present case.

The case of Dean Hart v Komfort Kare (ADJ00051923) examines the circumstances under which a request for time off, by a parent, from their employer, must be given due consideration.
Dean Hart (the Complainant) brought a complaint under Section 18 of the Parental Leave Act 1998 against Komfort Kare (the Respondent) to the Workplace Relations Commission (WRC), alleging that they denied him the right to take force majeure despite extenuating circumstances.

The case of Care Worker v Costern Unlimited Company (ADJ00046268) examines the circumstances under which it will be deemed reasonable for an employee to resign and bring a claim of unfair dismissal by way of constructive dismissal on foot of a failure of their employer to properly investigate their complaints.

The case of Eric Bentley v Carcharger EV Limited (ADJ00050468) examines the circumstances under which an employee will be entitled to a payment in lieu of notice if dismissed during their probationary period. This is a very interesting case, as it was brought under the payment of wages provisions, but decided upon under notice legislation.

The case of Mark Lowry v JJ Fleming and Company Limited (ADJ00036677) examines the burden of proof issues that often arise in constructive dismissal claims. Uniquely, the employer offered no substantive evidence to support their case, yet won, highlighting the very difficult hurdles an employee often faces in bringing an unfair dismissal claim following their resignation.