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Trouble At The Christmas Party !

With the Christmas party season getting well underway this weekend, I will be highlighting the importance of employers dealing properly with issues that may arise during workplace social events and the potential costly consequences of not doing so.

Flawed Investigation LeadsTo Award of €15,000 to Dismissed Cashier.

In Determination UDD 1739 the Labour Court upheld an appeal by a till operator who had been dismissed by Woodies, as the Investigation conducted by the Company did not reasonably conclude on the balance of probabilities that the dismissed employee had taken a missing €50 note.

Payment of Wages During Storm Absences

With Storm Brian on the way just days after the whole country was on red alert due to Storm Ophelia, employers may once again need to consider how they deal with the "grey" area of paying employees when it is unsafe to attend work due to unforeseen weather circumstances arising.

Maximum 2 Years Compensation Awarded for Unfair Dismissal

A recent Labour Court Determination DHL Express (Ireland) Ltd v. Michael Coughlan (Ref No. UDD1738) gave some useful guidance on the use of spent disciplinary sanctions in determining subsequent disciplinary sanctions. The maximum compensation of 2 years salary for unfair dismissal was awarded.

Public Holiday Payments

As we approach another public holiday just a short reminder about employers legal obligations with regard to public holidays and the potential cost of non compliance in this area. The Labour Court (DWT 1673) recently ordered an employer to pay compensation of €1,000 to an employee in addition to an outstanding amount of €210.64 due for public holiday entitlement.

Employee v Contractor ?

In a recent Adjudication Officer's Decision (ADJ 00005826) the preliminary issue of whether the Complainant was an employee or not was considered in order to determine if his complaints under the Organisation of Working Time Act 1997, Unfair Dismissals Act 1977 and Protection of Employees (Fixed Term Work) Act 2003 could be heard.

Termination of Employee on Sick Leave

A harvester who was dismissed by a letter dated January 14th 2016 which she claimed not to have received, following an absence review meeting on December 18th 2015 was found not to have been unfairly dismissed (Ref ADJ - 00003563).

Employment Policies and Procedures

All organisations should have a clear set of policies and procedures that govern not just relevant employment and HR areas but all aspects of their operations. The benefits of policies and procedures reach far beyond being legally compliant and can contribute hugely to the overall effectiveness of an organisation provided they are consistently applied.

Dismissal Unfair Despite CCTV Confirming Theft

A recent case published by the WRC confirmed the high standards required to ensure that the principles of natural justice are fully adhered to during workplace investigations (Ref ADJ - 00004127)

Dismissal On Grounds of Incapacity

A recent Labour Court decision published on the 7th April 2017 overturned the decision of an Adjudication Officer who had awarded 19k to a retail assistant in Dunnes Stores after determining that she had been unfairly dismissed after being absent from work for three years (Ref UDD1714).

HR Solutions

Keshcarrigan
Co. Leitrim

+353 (0)71 964 2748
+353 (0)86 833 7228
info@hrsolutions.ie

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