News & Insights
Parents to gain right to request flexible working
Parents and carers will gain a right to request flexible working, including the right to request compressed or reduced hours, under legislation expected to be enacted by the summer.
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Wage claims by doctor against prison service rejected by WRC
‘No evidence’ to support contention by Dr Mohsin Moola he would be paid twice on-call rate
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€16,500 for woman who walked into doors at workplace and smashed her front teeth
A woman who walked into doors and smashed her front teeth has been awarded more than €16,500 damages. Information technology executive Roseanna McDonald received the award despite having been held partly responsible for an accident at her former workplace. The case of Ms McDonald led Judge Dara Hayes in the Circuit Civil Court today issuing […]
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Supreme Court: Woman working illegally in Ireland not entitled to statutory maternity leave payments despite paying taxes
The Supreme Court has determined that a Mauritius national who worked in Ireland without a permit was not entitled to statutory maternity leave payments despite making PAYE and PRSI contributions to the State. The decision has potentially far-reaching consequences for individuals working in Ireland without the correct authorisation.
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Employer Successfully Defends Mandatory Retirement Age Policy
A mandatory retirement age (MRA) obliges an employee to retire at a particular age. An employer may provide for an MRA explicitly in the employee’s employment contract, or it may be implied into the employment relationship by policy or by custom and practice.
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Labour Court awards €75,000 for failure to provide reasonable accommodation and discriminatory dismissal
The Labour Court has awarded €75,000 in for discriminatory dismissal after employer didn’t provide reasonable accommodation due to his disability and subsequently discriminatorily dismissed him.
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Force Majeure Leave – was your presence indispensable?
Generally, an employee needs at least one years’ service with their employer to bring an unfair dismissal claim to the Workplace Relations Commission (“WRC”). However, there are exceptions to this general rule.
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Employee Awarded €25,000 For Employer’s Failure To Objectively Justify Retirement Age
The Complainant, Anthony Kenny commenced employment with the Respondent, Bord Na Mona Plc, on 15th May 1975, as a General Operative until he retired in April 2020. He thereafter requested to work beyond his retirement age. A meeting was convened in December 2019 and a correspondence declining his application was issued to him. The application was declined on the basis […]
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Court of Appeal: Damages increased for man after trade union breached his right to earn a livelihood
The Court of Appeal has increased a damages award for a man who had his constitutional right to earn a livelihood infringed by a trade union.
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Return to Work: Going legal “difficult” sick staff
Many of the State’s largest employers have said they plan to demand staff return to the office for at least part of the working week, while an employment law expert has warned it will be “very difficult” for employees who get sick to bring legal actions. The Cabinet this week approved plans for non-essential workers […]
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Employment: Dismissal and Redundancy in Ireland
Discontinuing Employment
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WRC award overturned by Labour court – Held resignation did not amount to constructive dismissal
In the recent decision of Leigh Bell v Cope Limited t/a Cope Galway, UDD2145 the Complainant had been awarded €8,400 in compensation for her constructive dismissal by the Respondent. On appeal to the Labour Court this decision was overturned, and the Court concluded that the Complainant was
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