Workplace Employment Solicitors Updates

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Law at Work | Updates


Gross misconduct under Irish law.
23 January 2025
The case of Ioan Pop v City Break Apartments Limited (ADJ-00045335) examines the circumstances under which an employer will be deemed to have acted reasonably, when terminating the employment of an employee for gross misconduct.
by RG343171 22 January 2025
The case of Denis McCallig v Bord Iascaigh Mhara (BIM) (ADJ00052727) examines the circumstances under which an employee will be considered to have been made redundant, retired, or alternatively resigned.
Remote  work laws in Ireland
by RG343171 16 August 2024
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.
Section 18 of the Parental Leave Act
9 August 2024
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.
Constructive Dismissal and Sexual Harassment
31 July 2024
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.
Payment of notice pay after probation
6 June 2024
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.
Interview discrimination
5 June 2024
The case of A Job Applicant v A Public Body (ADJ00049321) examines the burden of proof in discrimination claims, particularly when discrimination is being claimed at the interview stage.
The Burden of Proof in Constructive Dismissal Claims in Ireland
3 June 2024
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.
Withdrawing a resignation
by RG343171 21 May 2024
The case of Social Care Worker v Social Services Charity (ADJ -00039351) examines the circumstances under which an employer would be compelled to consider a rescinding of a resignation by an employee.
13 May 2024
The case of Oisín Gourley v Mason Hayes & Curran LLP ADJ-00049048 examines the circumstances under which an employer will be compelled to consider what reasonable accommodations can be provided to an employee who is suffering from long covid.
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Gross misconduct under Irish law.
23 January 2025
The case of Ioan Pop v City Break Apartments Limited (ADJ-00045335) examines the circumstances under which an employer will be deemed to have acted reasonably, when terminating the employment of an employee for gross misconduct.
by RG343171 22 January 2025
The case of Denis McCallig v Bord Iascaigh Mhara (BIM) (ADJ00052727) examines the circumstances under which an employee will be considered to have been made redundant, retired, or alternatively resigned.
Remote  work laws in Ireland
by RG343171 16 August 2024
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.
Section 18 of the Parental Leave Act
9 August 2024
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.
Constructive Dismissal and Sexual Harassment
31 July 2024
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.
Payment of notice pay after probation
6 June 2024
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.
Interview discrimination
5 June 2024
The case of A Job Applicant v A Public Body (ADJ00049321) examines the burden of proof in discrimination claims, particularly when discrimination is being claimed at the interview stage.
The Burden of Proof in Constructive Dismissal Claims in Ireland
3 June 2024
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.
Withdrawing a resignation
by RG343171 21 May 2024
The case of Social Care Worker v Social Services Charity (ADJ -00039351) examines the circumstances under which an employer would be compelled to consider a rescinding of a resignation by an employee.
13 May 2024
The case of Oisín Gourley v Mason Hayes & Curran LLP ADJ-00049048 examines the circumstances under which an employer will be compelled to consider what reasonable accommodations can be provided to an employee who is suffering from long covid.
Show More
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