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Case Law

Board of Management, Clonkeen College v Keith Cassidy [2023]

Decision number:HSD236    Legal body: Labour Court (LC) Background: The Complainantis a geography teacher at the Respondent secondary school in County Dublin, and a member of the ASTI trade union. The Complainant contended he was the duly-designated “safety representative” for all employees of the Respondent. In this capacity, the Complainant said he a...
This article is listed under the following topics:
Health and Safety Policies and Procedures
Case Law

Andre Santos v Seafield Golf and Spa Hotel [2023]

Decision number:ADJ-00035389   Legal body: Workplace Relations Commission (WRC) Background: The Complainant worked in a construction-related role for the Respondent, a hotel, from October 2017 until his dismissal on 31 May 2021 for alleged gross misconduct. The Complainant alleged he was denied fair procedures in a number of allegations made against him, including an alleged ...
This article is listed under the following topics:
Dismissal Discipline and Grievance Discrimination and Equality
Case Law

Nicole Marques Montano v Federative Republic of Brazil [2023]

Decision number:ADJ-00037437   Legal body: Workplace Relations Commission (WRC) Background: The Complainant has been employed by the Respondent, the nation of Brazil, in its Irish embassy as a support auxiliary worker since 21 March 2020. The Complainant went on maternity leave from 1 August 2021 to 9 February 2022. The Complainant expected that the Respondent would pay her a...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Pay
Case Law

Katarzyna (Kasia) Czernik v RTÉ – Raidió Teilifís Éireann [2023]

Decision number:ADJ-00035740   Legal body: Workplace Relations Commission (WRC) Background: The Complainant was employed as a journalist by the Respondent from March 2019, becoming a member of staff in February 2021. The Complainant role required her to work three overnight shifts a week, usually only working alongside one other employee. The Complainant often worked with anot...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Case Law

ISM Recruitment v Jan Brocki [2023]

Decision number:AWD231   Legal body: Labour Court (LC) Background: The Complainant is a lorry driver engaged by the Respondent, ISM Recruitment, which places the Complainant to work in a third-party company as a driver. The Complainant was successful before an Adjudication Officer in establishing that he was provided the same “basic working and employ...
This article is listed under the following topics:
Contracts of Employment
Case Law

Iwona Bonio v Children’s Health Ireland at Crumlin [2023]

Decision number:ADJ-00033505   Legal body: Workplace Relations Commission (WRC) Background: The Complainant is a nurse working at the Respondent hospital. The Complainant said she worked 5 days a week, Monday to Friday, 8.5 hours each day. However, the Complainant’s contractual working hours were 39 hours per week, resulting in an average of 7.8 contractual working hours per ...
This article is listed under the following topics:
Pay
Case Law

Catherine Kelly v An Post [2023]

Decision number:ADJ-00040021   Legal body: Workplace Relations Commission (WRC) Background: The Complainant commenced employment with the Respondent as a postal operative on 3 April 2017, and is still employed by the Respondent. The Complainant alleged that she was inappropriately touched by a colleague on 22 February 2022. On 24 February 2022 the Complainant asked that colle...
Case Law

Liam Galvin v Cumas New Ross [2023]

Decision number:ADJ-00027232   Legal body: Workplace Relations Commission (WRC) Background: The Complainant had been employed as a life coach and primary care provider for the Respondent, a social care organisation, since 4 April 2005. The Complainant alleged that after returning from annual leave on 29 July 2019 he was told by the General Manager of the Respondent that he wo...
This article is listed under the following topics:
Dismissal Redundancy
Case Law

Vanessa Corral Fernandez v Neville Hotels [2023]

Legal body: Workplace Relations Commission (WRC) Background: The Complainant was employed as a massagist for the Respondent from 22 June 2021 until 22 December 2021, when the Complainant was dismissed at the end of her probationary period. After the dismissal, the Complainant, who was unrepresented, filed a claim to the WRC alleging discriminati...
This article is listed under the following topics:
Dismissal Discrimination and Equality Policies and Procedures
Case Law

Joanne Fitzpatrick v Apple Distribution International Ltd. [2023]

Decision number:ADJ-00033265   Legal body: Workplace Relations Commission (WRC) Background: The Complainant was employed as a Customer Relations Advisor with the Respondent from 9 October 2017 to the date of her resignation and alleged constructive dismissal on 30 April 2021, for which the Complainant gave 30 days' notice. The Complainant claimed that two incidents at work an...
This article is listed under the following topics:
Dismissal Discipline and Grievance