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Case Law

An Employee v A Tool Hire Company [2019]

Decision number:ADJ-00016633   Legal body:was This case focuses on the importance of bringing a claim of unfair dismissal within the requisite time frame. The Complainant was employed by the Respondent company from the 14th of October 2013 to the 5th of December 2017 when he resigned. He did not submit his claims under the Unfair Dismissals Ac...
This article is listed under the following topics:
Unfair Dismissal Pay and Conditions of Employment
Case Law

Colm McNamee v Irish Municipal Public And Civil Trade Union Impact Trade Union / FORSA Trade Union [2019]

Decision number:ADJ-00012244   Legal body:was The Complainant contended that he was discriminated against by the Respondent because of his Autism, Asperger’s, and difference in cognitive style. He maintained that his application to a summer school training event was denied on grounds of his disability and that the Respondent had also discrimin...
This article is listed under the following topics:
Discrimination and Equality
Case Law

An Accountant v An Accountancy Firm [2019]

Decision number:ADJ-00017674   Legal body:was This case was brought before the WRC by the Complainant who claimed that she had no choice but to terminate her contract of employment as a result of the Respondent’s conduct. The Complainant was employed as a Senior Accountant and de facto Office Manager with the Respondent company from 2006 – 201...
This article is listed under the following topics:
Unfair Dismissal
Case Law

An Adjunct Lecturer v A Third Level Education facility [2019]

Case reference:ADJ-00018001   An Adjunct Lecturer v A Third Level Education facility [2019] ADJ-00018001 Keywords: Sham Redundancy, Consultation; Unfair Dismissal, Terms and Conditions of Employment This case illustrates a lack of transparency and inadequacy in the dismissal of an employee. The Complainant was employed on an an...
Case Law

A Stagehand v A Media Production Company [2019]

Case reference:ADJ-00017023   A Stagehand v A Media Production Company [2019] ADJ-00017023 Keywords: Constructive Dismissal; Bullying in the Workplace; Failure to Follow Grievance Procedures The Complainant was employed by the Respondent as a stagehand for a particular television series since 2012. In 2015, the Complainant made...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

A Mechanic v A Motor Dealer [2019]

Case reference:ADJ-00016225   A Mechanic v A Motor Dealer [2019] ADJ-00016225 Keywords: Unfair Dismissal, Gross Misconduct, Breach of Fair Procedures; Absence This case highlights the importance of an employer to adhere to their disciplinary policies before they dismiss an employee. The Complainant was employed as a mechanic wi...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Policies and Procedures
Case Law

Brownes of Sandymount Limited v Filippo Pollina [2019]

Case reference:UDD1914   This case illustrates the importance for an employer to establish that any dismissal of an employee must be justified. The Complainant worked as a waiter for the Respondent and was advised by the Respondent that he was not permitted to return to work after the 1st of January 2018. The Complainant h...
Case Law

Farm Manager v Farmer [2019]

Case reference:ADJ-00017360   This case focuses on the issue of unfair dismissal. The Respondent had allegedly dismissed the Complainant from employment in order to avoid making a mandatory redundancy payment. The Complainant commenced employment as a general operative with the Respondent in 1993 and was later promoted to the p...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence
Case Law

Máire O’Reilly v Commissioner of An Garda Síochána [2019]

Case reference:IEHC.201IEHC.201   This case was brought by the Defendant to the High Court as they considered that the claims made by the Plaintiff were an abuse of the process and were in fact res judicata. Garda Máire O’Reilly, (the Plaintiff) joined An Garda Síochána in 1994. In 2009, she made a formal complaint of bullying, har...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Zalewski v Adjudication Officer & Ors 2019

Decision number:IESC.17   Legal body:iesc On 20 March 2019, the Supreme Court held that Mr. Tomasz Zalewski has the requisite locus standi to pursue his constitutional challenge in relation to certain provisions of the Workplace Relations Act 2015 and the Unfair Dismissals Act 1977, as amended. Mr. Zalewski’s constitutional challenge will...