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Law at Work | Updates


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.
Compensation for workplace stress & anxiety
by RG343171 11 March 2024
Psychological damage is difficult to measure and quantify, making it difficult for assessors to determine its impact. The Personal Injuries Guidelines were established by the Judicial Council in 2021 under the Judicial Council Act 2019 to identify appropriate levels of damages for different forms of personal injuries. The guidelines aim to enhance understanding of the evaluation and allocation of compensation for personal injuries to achieve more uniformity in awards.
How much compensation for stress at work?
by RG343171 11 March 2024
In this article, we examine the circumstances that give rise to a personal injuries claim for the stress and anxiety caused by a toxic working environment.
Show More
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.
Compensation for workplace stress & anxiety
by RG343171 11 March 2024
Psychological damage is difficult to measure and quantify, making it difficult for assessors to determine its impact. The Personal Injuries Guidelines were established by the Judicial Council in 2021 under the Judicial Council Act 2019 to identify appropriate levels of damages for different forms of personal injuries. The guidelines aim to enhance understanding of the evaluation and allocation of compensation for personal injuries to achieve more uniformity in awards.
How much compensation for stress at work?
by RG343171 11 March 2024
In this article, we examine the circumstances that give rise to a personal injuries claim for the stress and anxiety caused by a toxic working environment.
Show More
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