Employment Law Cases

Loss of a contract “by itself” does not indicate transfer of undertaking

A rights commissioner has ruled that the transfer of a service contract by Tesco from Keelings to Stobart did not constitute a transfer under the Transfer of Undertakings Directive.   The Rights Commissioner agreed that the “mere loss of a service contract to a competitor cannot by itself indicate the existence of a transfer within…


Dismissal Due to Conflict of Interest Deemed Fair

The company at the centre of this dismissal case was engaged in the production of roof trusses for timber frame houses.   The company learned in mid 2005 that one of its employees was setting up his own business for the manufacture of roof trusses for brick built houses.   The company, his employer, was…


Conflict of Interest Leads to Fair Dismissal

Background to Complaint In this complaint for unfair dismissal to the EAT, the employer was engaged in the production of roof trusses for timber frame houses. The company learned in mid 2005 that one of its employees was setting up his own business for the manufacture of roof trusses for brick built houses. The employer…


Employee with Anorexia was Unfairly Dismissed

In this case, the Labour Court outlined the correct approach to be followed by employers when considering dismissing an employee for incapacity due to disability.   The claimant was employed by a Fitness Centre as a Childcare Assistant from October 2000 to June 2002 when she was dismissed.   She suffered throughout the period of…


Dismissal Deemed Unfair due to Non-Renewal of Fixed-Term Contract

Background to Complaint The Claimant (the employee) was hired as a homecare nursing advisor and was recruited through a nursing agency in 2002. The contract ran for one year and was renewed in October 2003 and also in October 2005.   The Claimant sent an email to the Respondent Company complaining that she had not…


Dismissal Deemed Unfair After 3 Days Employment – Award of €15,000

Background to Complaint   Ms. X was successful in her application for the position of temporary process operator with An Electronic Component Company (AECC) but within 3 days of commencement her employment was terminated.   Ms. X completed a medical examination, which was conducted by an Occupational Health Nurse on behalf of AECC on 15/02/05….


Deemed Fair Dismissal by EAT Due to Procedures Followed and Clear Policies in Native Language

Background to the Fair Dismissal Complaint The claimant had worked for four years at the AIBP plant. The terms and conditions of his employment had been explained to him with the help of a translator. He had signed a summary at the front of the contract of employment. The grievance and disciplinary procedures were displayed…


Dismissal on Discriminatory Grounds

Background to Complaint The complainant claimed that the respondent discriminated against him on the Traveller community ground when he applied to transfer to the Roscommon branch of the Irish Soccer Referees Society. His request to become a member of that branch was refused.   The respondent rejected the complainant’s allegation that it discriminated against the…


Dismissal of Imprisoned Employee Deemed Fair

In Gallagher v Eircom the employee in question had been sentenced to a prison term of 8 years.   Under normal circumstances a long prison sentence would be sufficient grounds for frustration of contract.   In this case, however, the employee argued that he had in fact been dismissed as his employer had waited until…


Dismissal Deemed Fair

Background to Complaint The claimant was employed as a caretaker at the school which caters for 640 children. He was employed from September 1999 to December 2005.   The incident that gave rise to his dismissal occurred in October 2005. The claimant intended to travel with some friends on 25th October to New York.  …


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