Employment Law

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…


Unfairly Selected For Redundancy

If the employee can show that there was technically no legitimate case for their redundancy under the Redundancy Payments Acts, 1967-2003 or that he/she was unfairly selected for redundancy, he/she can claim unfair dismissal.   Once an employee establishes a prima facia case, the onus is on the employer to prove that a genuine redundancy…


Individual Redundancies (Non-Collective Redundancy Situation)

No matter what type of redundancy, the employer must give the individual employee sufficient notice of potential redundancy and consult with them about other alternatives to the possible redundancy. Under the Redundancy Payment Acts 1967-2007, an employer is required to give a minimum of 2 weeks’ notice (which cannot be paid in lieu) of termination…


Collective Redundancies

Collective redundancies arise where, during any period of 30 consecutive days, the number of employees being made redundant reaches a given proportion of the total employee population i.e.   • 5 employees where 21-49 are employed • 10 employees where 50-99 are employed • 10% of the employees where 100-299 are employed • 30 employees…


Legitimate Reasons for Redundancy

A redundancy situation occurs where there is a dismissal of an employee by an employer, not due to any act of the employee.   The dismissal must result “wholly or mainly” from one of the following situations:   1. Where an employer has/intends to cease carrying on the business, or at that location i.e. closure…


Using CCTV for disciplinary purposes

The Data Protection Commissioner has made his view clear about the use of CCTV in disciplinary cases and has extensive guidance for data controllers on his website. The following case highlights the difficulties posed in using CCTV in disciplinary cases.   In 2008, the Commissioner received complaints from two employees of the same company regarding…


Unlawful use of CCTV to remotely monitor an employee

The 23rd Annual Report of the Data Protection Commissioner contains more insight into the Commissioners looking at unlawful CCTV use in an employee/employer context.   In October 2010, the Commissioner received a complaint from an employee who stated that he considered that his personal privacy was being affected in his workplace through the inappropriate use of…


Data Protection issues with ‘Nature of Illness’ on Doctors Certs

The 24th annual report of the Office of the Data Protection Commissioner highlights an interesting concern which the Office has about the need for Doctors certs to contain ‘Reason for Illness’ information about the employee who is absent from work due to illness.   The comment in the report arises from a complaint the Office…


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…


Web Slurs Cost Pilot His Job

The consequences of employees writing anonymously on the web and making false accusations against their employer are clear from a story published in The Sunday Times on 2nd June 2013. The story states that a Ryanair pilot has resigned from his job and apologised to the airline for making false statements on the internet about…


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