Redundancy/Tests – Work Performance   The issue of the work performance of an employee has no role whatsoever in determining redundancy. Even casual conversations with an employee who is under…

Who is an Employer?   This issue arose in case ADJ-15756 involving an employee of a youth service. The issue was under Section 16 of the Protection of Employees (Part-Time…

Transfer of Undertaking Regulations 2003   In the case of The Minister for Employment Affairs and Social Protection Appellant and the Labour Court Mary Dunne Respondents being a Judgment of…

Written Statement of Terms and Conditions of Employment   The Employment (Miscellaneous Provisions) Act 2018 which came into effect on 4th March 2019 has been the subject of a lot…

Constructive Dismissal – Burden of Proof   In case ADJ-12958 the AO in this case helpfully set out the law in this matter. The AO gave an example in regards…

Unfair Dismissal Procedures   In case UDD-1933 being a case of Sloneczko Limited trading as Bredski Brothers and Copacz the Labour Court in this case helpfully set out the law…

Unfair Dismissal and Fair Procedures   In ADJ-14570 the AO in this case helpfully set out the Law at some length. The AO quoted a significant number of cases on…

Suspension of an Employee Pending a Disciplinary Hearing This issue arose in case ADJ14570. The AO in this case said that the complainant claimed he was ambushed on the morning…

Pension Rights and Employment Equality Legislation   In ADJ-10930 the AO in this case has held that complaints regarding pension rights are expressly excluded from being referred under the Employment…

Dismissal of Pregnant Employees The Equality legislation in Ireland very clearly sets out that the dismissal of a worker, who is pregnant is contrary to the law. The burden of…