Employment Law

€1,000 Award for Sexual Harassment

The complainant alleged, among other things, sexual harassment by way of physical contact and sexually explicit text messages from a Mr. A another staff member.   She complained that while driving together Mr. A had said “come on…how about we pull over for a quickie” to which she responded “I don’t think so”. The complainant…

When Doctors Differ! Company Doctor Finds Employee Fit to Work, Employee Doctors Says Otherwise

What happens in the event that a Company’s Medical Practitioner gives a different medical opinion to the one expressed by an Employee’s GP?   In an interesting case, the Rights Commissioners and Labour Court ruled against an employer who refused to seek a third medical opinion where there was a difference of opinion between the…

Unfair Dismissal Claim by 13 Employees Costs Company €350,000

The employees in this case were employed as mushroom pickers.   In January 2006 the employees left their workplace due to disputes affecting their work practices. They later called to their local SIPTU office.   They presented themselves for work the next day to find that they had already been replaced. Later the employer again…

The Importance of Keeping Working Time Records

Under Section 25 of the Organisation of Working Time Act, 1997 an employer is obliged to keep certain records related to working time of its employees:   “An employer shall keep … such records … as will show whether the provisions of this Act are being complied with in relation to the employee and those…

Supreme Court Determines No Automatic Right to Legal Representation at Disciplinary Hearings

Under the Laws of Natural Justice and Fair Procedures, Disciplinary Policies and Procedures should clearly state that employees have a right to representation, usually a work colleague or a trade union representative, if the company recognises a union, at disciplinary meetings.   Section 4 of the Industrial Relations Act, 1990 (Code of Practice on Grievance…

Sanction of Dismissal Disproportinate to the Misconduct

In this case, the claimant had been employed by the Hotel Group for ten years as a conference and banqueting supervisor and had an unblemished record.   She claimed she was next in line for a promotion to Manager in that area of responsibility.   The Hotel Group had been tipped off that there was…

Right to Return to Same Role After Prolonged Absence

Background to Complaint This is an appeal by the company against the decision of the Equality Tribunal which found that there had been discrimination on the disability ground and ordered the “Workers” reinstatement without loss of pay and €20,000 in compensation for the effects of discrimination.   The “Worker” worked as a Nurse Manager for…

Restraint of Trade Clause in Contract – Employee Prohibited from Using Information from Previous Employer

This case is one of a few Irish reported cases on preventing employees unfairly taking a company’s business elsewhere while working for a direct competitor.   Gemma Allen commenced work as a recruitment consultant with Brightwater Recruitment on 7th July 2003. She left 16 months later on the 29th November 2004.   Restraint of Trade…

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