First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

The Mediation Act 2017

Posted in: First Tuesday Q&A ROI on 07/11/2017 The Mediation Bill which has been around since 2012 was signed into law on the 2 October this year as the Mediation Act 2017 and is expected to be commenced shortly. While the Act expressly excludes from its ambit disputes being investigated or mediated by the Workplace Relations Commission, it put...

Based on the Lyons v Longford & Westmeath decision, will employer investigations now become like mini legal proceedings?

Posted in: First Tuesday Q&A ROI on 01/08/2017 The recent High Court decision in Lyons v Longford & Westmeath [2017] IEHC 272 was notable in that Mr Justice Eager, in his judgment, seemed to suggest that employees who are the subject of internal bullying investigations have a right to legal representation at internal employer investigation ...

Can adjudicators draw inferences from a failure to respond to data subject access requests?

Posted in: First Tuesday Q&A ROI on 06/09/2016 There is no legal basis for which an Adjudicator Officer can draw adverse inferences from a failure by an employer to respond to a data access requested under the Data Protection Acts 1988 and 2003 (the "DPA"). Non-compliance with the DPA is a matter within the jurisdiction of the Office of the Dat...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues

If a case is referred to mediation by a WRC Adjudicator, is a report on the status of the case passed to the mediator and is there a structured format regarding communication between the mediation officer, solicitors and parties involved? 

Posted in: First Tuesday Q&A ROI on 06/09/2016 In certain cases, the WRC may forward a complaint to the WRC mediation service with a view to attempting to encourage and facilitate both parties to resolve issues as an alternative to a formal hearing before an Adjudication Officer. A complainant may indicate on their WRC complaint form that they ...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues

Can a hearing before the Labour Court be heard in private on application?

Posted in: First Tuesday Q&A ROI on 06/09/2016 Yes, however, any such application will be at the discretion of the Labour Court. In an industrial relations context, cases before the Labour Court are held in public, unless one of the parties request that the case be heard in private. S44(7) of the Workplace Relations Act 2015 (as amended ) (the"...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues

Does mediation initially take place with the person making the complaint and the mediator, or also with the person who the complaint has been made against? What happens if the complainant won’t agree to mediation?

Posted in: First Tuesday Q&A ROI on 01/12/2015 Mediation is a form of alternative dispute resolution which is defined by the Mediators’ Institute of Ireland as “a process whereby an independent, neutral Mediator(s) assists the parties to come to agreement through a collaborative process.” It is usually initiated by a complainant making a comp...