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Searching Content indexed under Unfair/ Wrongful Dismissal by Niamh Fennelly ordered by Published Date Descending.
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Protected Disclosures: Is Disclosure Related Penalisation, Which Occurs Before Disclosure Is Made, Prohibited?
The Protected Disclosures Act 2014 provides a comprehensive suite of protections to ‘whistleblowers' who are penalised by their employer or dismissed on account of raising concerns regarding possible
Ireland
30 Sep 2019
2
Springing Into Act: Preventing Confidential Information Being Used By Former Employee
In the decision in Forse and others v Secarma Ltd and others, the Court of Appeal of England and Wales upheld a High Court decision granting an interim springboard injunction
Ireland
23 Sep 2019
3
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
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
Lecturer With ‘Non-PC' Views Not Protected By UK Employment Equality Legislation
A UK Employment Tribunal has found that those who express ‘non-PC' views in the workplace cannot expect to claim a right to those beliefs in an employment equality context.
UK
21 Feb 2019
10
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
11
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
12
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
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