Tara Cassidy v Bank of Ireland 2022 Background The employee commenced employment with Bank of Ireland in December 2018 as a Customer Advisor. In December 2019, the Bank advertised a new ‘Hybrid’ role. The Bank informed its employees if there was an internal...
Overview A Women’s right to Maternity leave is enshrined in the Maternity Protection Act, 1994. Therefore, Employers must ensure that women are not subjected to discriminatory treatment on the grounds of their gender or family status when they are on maternity leave,...
Last October, the Irish government confirmed it will introduce a new Automatic Enrolment Retirement Savings System, which is expected to come into effect in late 2023 - early 2024. This new system will require employers to automatically enrol their eligible employees...
Resolving Disputed Facts: Case Studies from Workplace Relations Commission More often than not, cases brought before the Workplace Relations Commission, concern a disagreement on facts. Two parties, present their different versions, of the same set of facts. In such...
INTRODUCTION EU Directive 2019/1152 on Transparent and Predictable Working Conditions was transposed into Irish law on the 16 December 2022 by the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (“Regulations”). The Regulations apply...
Muiris Flynn v Iarnrod Eireann ADJ-00030195 (2022) Background The Complainant was employed by the Respondent Company from January 2008, until his dismissal in March 2020. In September of 2017, the Complainant was involved in a serious road traffic accident,...
On the 20th April 2022, the cabinet discussed the upcoming draft legislation titled the Work Life Balance and Miscellaneous Provisions Bill (”Bill”), which is due to transpose the EU work life balance directive into Irish Law. The purpose of the Bill to provide more...
O'Donovan -v- Over-C Technology Ltd & ANOR [2020] IEHC 291 Introduction On the 12th June 2020, Keane J granted a Fennelly Order as part of an interlocutory injunction application, in favour of Mr. O’Donovan [“the Applicant”] following his summary dismissal on the...
Keeling’s Retail Unlimited Company v Wasim Haskiya [2020] ADJ – 00012963/ UD/19/96 On the 17th August 2020, the Labour Court overturned[1] an adjudication officers decision from the WRC and awarded an employee [‘the claimant’] €50,000 pursuant to Section 8 A of the...
TRANSDEV IRELAND LIMITED V CALPIS [2020] IEHC 403[1] The High Court recently upheld the Labour Court’s decision ordering reengagement of a Luas Driver who had been dismissed for ‘moonlighting’ as a taxi driver. WHAT IS ‘MOONLIGHTING’? Moonlighting is the colloquial...
A CARE ASSISTANT SUPERVISOR V A NURSING HOME[1] On the 27th July 2020, the Workplace Relations Commission [‘WRC’] found a nursing home vicariously liable for the actions of 93 year old resident, awarding 3 separate employees a total €150,000 following allegations of...
An Executive v A University [2020] ADJ – 00022851 Introduction On the 11th June 2020, an employer was found to have discriminated against a former employee on the grounds of disability for failing to reasonably accommodate their request to work from home due to their...
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