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Searching Content from Ireland indexed under Unfair/ Wrongful Dismissal ordered by Published Date Descending.
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1
Employment Injunctions: Courts Will Not "Entertain" An Injunction Where Legislation Covers The Employee's Claim, Available Remedies And Means Of Redress
In welcome decisions for employers, the High Court in Power v Health Service Executive and Court of Appeal in Kearney v Byrne Wallace have confirmed that an employment injunction cannot be granted
Ireland
28 Aug 2019
2
Labour Court Rules No Penalisation Where Dismissal Of Whistleblower Is "Wholly Unrelated" To Disclosures Made
In the recent case of CPM Ireland Limited v Natasha Callaghan, the Labour Court found that while an employee had made a protected disclosure, her dismissal was "wholly unrelated" to the disclosure.
Ireland
22 Aug 2019
3
Anatomy Of A Workplace Investigation In Ireland: How To Handle Some Of The Practical Issues
In The In-House Lawyer's Summer Magazine 2019, Partner and Head of Employment, Karen Killalea writes about the practical issues employers should consider when managing workplace investigations.
Ireland
19 Jul 2019
4
Disciplinary Processes – What Not To Do!
In The Governing Body of Tywyn Primary School v Alpin, the UK Employment Appeal Tribunal ("EAT") recently ruled that the adverse treatment of a gay teacher,
Ireland
25 Jun 2019
5
Labour Court Re-Affirms That Different Treatment Does Not Necessarily Mean Less Favourable Treatment
The Labour Court, in Kerry County Council v Cora Carrigg, has overturned a WRC award made against Kerry County Council for an alleged breach of the Protection of Employees
Ireland
20 Jun 2019
6
When Will A Shop Steward's Actions Be Trade Union Activities And When Will They Be Something Else?
The Court of Appeal of England and Wales has found that a shop steward, dismissed by his employer for storing and sharing "stolen, private and confidential information that was the property of a manager" ...
Ireland
3 Jun 2019
7
Workplace Dispute Resolution In Ireland – Is It Time For Change?
The Supreme Court has ruled that the Workplace Relations Act 2015 can be challenged on its constitutionality before the High Court.
Ireland
15 May 2019
8
All Reasons Will Be Considered When Deciding If TUPE Transfer Is The Sole Or Principal Reason For The Dismissal
For the purposes of the European Communities Transfer of Undertakings (Protection of Employment) Regulations 2003 ("TUPE"), the dismissal of an employee will be automatically unfair
Ireland
23 Apr 2019
9
A Guide To The Employment (Miscellaneous Provisions) Act 2018
Minister Regina Doherty has described the Employment (Miscellaneous Provisions) Act 2018 (‘the Act ‘) as "one of the most significant pieces of employment legislation for a generation".
Ireland
16 Apr 2019
10
Labour Court Highlights Limits To TUPE Protections: Refusal To Transfer Amounts To Resignation
In Adina Predut v Rapier Contract Services Limited, the Labour Court found that an employee terminated her own employment when she refused to transfer to a new employer under the European Communities ...
Ireland
11 Apr 2019
11
Employers Should Not Rely Blindly On Unfair Dismissal Exclusion Clause In Fixed-Term Contracts
One of the key advantages to employers in using fixed-term contracts is the availability of an exclusion from the protections of the Unfair Dismissals Acts 1977-2015 on the expiry of a fixed-term
Ireland
4 Apr 2019
12
Legal Privilege Update: Part 3 Of 3
This is the final article in our three part series dealing with legal professional privilege (See Parts 1 and Part 2).
Ireland
20 Feb 2019
13
Fair Procedures Are Required When Dismissing An Employee During Probation
Late last year, the Labour Court made a non-binding recommendation under the Industrial Relations Acts that a hotel manager be awarded €90,000 in compensation ...
Ireland
12 Feb 2019
14
Absence During Probation
Many employers hold the mistaken view that they can easily dismiss an employee during their probationary period, as the employee does not have recourse to the Unfair Dismissals Acts 1977 - 2015.
Ireland
22 Jan 2019
15
Dismissal For Breach Of Fitness And Probity Standards – Fair Or Unfair?
An employee who was dismissed for breach of fitness and probity standards has succeeded in his unfair dismissal claim against his employing bank ...
Ireland
21 Jan 2019
16
Employers Should Exercise Caution When Dismissing Employees Awaiting Or In Receipt Of Long-Term Disability Benefits
Before deciding to dismiss an employee on the grounds of medical incapability, an employer will have its obligation to reasonably accommodate the employee under the Employment Equality Acts
Ireland
18 Jan 2019
17
Lyons Decision Overturned
The High Court decision in Lyons V Longford Westmeath Education and Training Board [2017/IEHC 272] arguably caused the most controversy in the world of employment law in 2017, not least because the High Court ...
Ireland
17 Dec 2018
18
The Right To Legal Representation In A Disciplinary Inquiry – The Exception, Not The Rule?
The decision of Eagar J in Lyons v Longford Westmeath Education and Training Board was seen as a dramatic development in some quarters
Ireland
28 Nov 2018
19
The Bar Remains High For Employees In Constructive Dismissal Claims
In both Kaydee Cosmetics Limited v Elizabeth Blake and Cedarglade Limited v Tina Hliban, the Labour Court upheld the decision of an Adjudicator Officer to dismiss complaints of constructive dismissal.
Ireland
12 Oct 2018
20
Employment Country Comparative Guide 2018
This country-specific Q&A provides an overview to employment and labour law in Ireland.
Ireland
26 Apr 2018
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