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Latest Case Law

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Case Law

Warehouse Supervisor v Building Suppliers [2020]

Decision number:ADJ-00024278   Legal body: Workplace Adjudicator Service (WAS) The Complainant was employed as a Warehouse Supervisor with the Respondent from April 2004 until his dismissal in March 2019 for misconduct. An incident occurred on the 1st of March when a consignment of brick particles were dispatched from the Respondent’s premises but were not secured in the truc...
This article is listed under the following topics:
Unfair Dismissal
Case Law

An Employee v An Employer [2020]

Decision number:ADJ-00026053   Legal body: Workplace Adjudicator Service (WAS) The Complainant was employed as a Store Manager/Supervisor with the Respondent from 30th April 1997 until his dismissal on the 16th September 2019 for gross misconduct. The conduct in question related to the behaviour of the Complainant, which was alleged to be confrontational, aggressive and inti...
Case Law

QH v Varhoven Kasatsionen Sad Na Republika Bulgaria & CV v Iccrea Banca SpA [2020]

Decision number:CJEU.Case.C-762/18   Legal body: Court of Justice EU (CJEU/ECJ) These conjoined cases involved the same legal issues that were referred to the Court of Justice for the European Union from the Bulgarian and Italian courts respectively. In QH, the claimant was a former employee in a school in Bulgaria who was dismissed, but the dismissal was regarded as unlawful...
This article is listed under the following topics:
Working Time and Leave
Case Law

A Tenant v A Landlord [2020]

Decision number:ADJ-00025781   Legal body: Workplace Adjudicator Service (WAS) It’s not often that we cover equal status cases but the decision in this case highlights how the age of complainants can perhaps influence the size of compensatory awards when it comes to discriminatory provision of services, in this particular instance relating to an 80-year old tenant who applied...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Ervia v Mr Deaglan Healy [2020]

Decision number:PWD2020   Legal body: Labour Court (LC) This is an appeal by Ervia (the Respondent) against the decision of an Adjudication Officer under the Payment of Wages Act which found in favour of the Complainant and awarded the sum of €5,000.00. The Respondent contended that the Adjudication Officer erred in finding that there were reasonable gr...
This article is listed under the following topics:
Pay and Conditions of Employment
Case Law

Dunnes Stores v Karen Walsh [2020]

Decision number:UDD2021   Legal body: Labour Court (LC) The Appellant was employed by the Respondent as Café Restaurant Manager for Dunnes Stores. On three separate occasions the Appellant selected goods from the Respondent’s restaurant and consumed them without payment. In total, the Appellant had consumed goods without payment worth €29.00. The Respon...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

A Senior Service Advisor v A Car Retailer [2020]

Decision number:ADJ-00017937   Legal body: Workplace Adjudicator Service (WAS) This complaint was brought by the Complainant following her treatment by the Respondent line manager which she argued was bullying and harassment following a series of incidents. In one specific incident where the Complainant queried certain forms used by the company, the line manager approached he...
This article is listed under the following topics:
Policies and Procedures
Case Law

G4S Secure Solutions (IRE) LTD v Mr Manuel Charana [2020]

Decision number:UDD2022   Legal body: Labour Court (LC) The Respondent brought an appeal against the Adjudication Officer’s decision which determined that the Complainant had been unfairly constructively dismissed by the Respondent. The Adjudication officer upheld the complaint and awarded the sum of €20,000 to the Complainant in compensation. The Respo...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Receptionist/Office Administrator v Manufacturing Company [2020]

Decision number:ADJ-00023749   Legal body: Workplace Adjudicator Service (WAS) The Complainant was employed by the Respondent as a Receptionist/Office Administrator from May 2018 until March 2019, when her employment was terminated by the Respondent. The Complainant submitted that her dismissal was a consequence of performance issues related to her disability. The Respondent ...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

University v Executive Assistant [2019]

Decision number:ADJ-00022851   Legal body: Workplace Adjudicator Service (WAS) In the recent WRC case of Executive Assistant v University ADJ-00022851, the Adjudication Officer ("AO") was required to decide whether the Respondent had failed to reasonably accommodate the Complainant as a result of her disability and also whether the Complainant had been constructively dismisse...
This article is listed under the following topics:
Discrimination and Equality