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Searching Content indexed under Unfair/ Wrongful Dismissal by Arthur Cox ordered by Published Date Descending.
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Employment Injunctions: Courts Will Not "Entertain" An Injunction Where Legislation Covers The Employee's Claim, Available Remedies And Means Of Redress
In welcome decisions for employers, the High Court in Power v Health Service Executive and Court of Appeal in Kearney v Byrne Wallace have confirmed that an employment injunction cannot be granted
Ireland
28 Aug 2019
2
Labour Court Rules No Penalisation Where Dismissal Of Whistleblower Is "Wholly Unrelated" To Disclosures Made
In the recent case of CPM Ireland Limited v Natasha Callaghan, the Labour Court found that while an employee had made a protected disclosure, her dismissal was "wholly unrelated" to the disclosure.
Ireland
22 Aug 2019
3
Disciplinary Processes – What Not To Do!
In The Governing Body of Tywyn Primary School v Alpin, the UK Employment Appeal Tribunal ("EAT") recently ruled that the adverse treatment of a gay teacher,
Ireland
25 Jun 2019
4
Labour Court Re-Affirms That Different Treatment Does Not Necessarily Mean Less Favourable Treatment
The Labour Court, in Kerry County Council v Cora Carrigg, has overturned a WRC award made against Kerry County Council for an alleged breach of the Protection of Employees
Ireland
20 Jun 2019
5
When Will A Shop Steward's Actions Be Trade Union Activities And When Will They Be Something Else?
The Court of Appeal of England and Wales has found that a shop steward, dismissed by his employer for storing and sharing "stolen, private and confidential information that was the property of a manager" ...
Ireland
3 Jun 2019
6
Workplace Dispute Resolution In Ireland – Is It Time For Change?
The Supreme Court has ruled that the Workplace Relations Act 2015 can be challenged on its constitutionality before the High Court.
Ireland
15 May 2019
7
Employment Law – Review And Update On Key Legal Issues
Despite the ambiguity surrounding Brexit, employment law has continued to evolve. While Brexit generally remains in limbo, post-Brexit immigration enjoys a degree of certainty and clarity. For example:
UK
26 Apr 2019
8
All Reasons Will Be Considered When Deciding If TUPE Transfer Is The Sole Or Principal Reason For The Dismissal
For the purposes of the European Communities Transfer of Undertakings (Protection of Employment) Regulations 2003 ("TUPE"), the dismissal of an employee will be automatically unfair
Ireland
23 Apr 2019
9
Labour Court Highlights Limits To TUPE Protections: Refusal To Transfer Amounts To Resignation
In Adina Predut v Rapier Contract Services Limited, the Labour Court found that an employee terminated her own employment when she refused to transfer to a new employer under the European Communities ...
Ireland
11 Apr 2019
10
Employers Should Not Rely Blindly On Unfair Dismissal Exclusion Clause In Fixed-Term Contracts
One of the key advantages to employers in using fixed-term contracts is the availability of an exclusion from the protections of the Unfair Dismissals Acts 1977-2015 on the expiry of a fixed-term
Ireland
4 Apr 2019
11
Lecturer With ‘Non-PC' Views Not Protected By UK Employment Equality Legislation
A UK Employment Tribunal has found that those who express ‘non-PC' views in the workplace cannot expect to claim a right to those beliefs in an employment equality context.
UK
21 Feb 2019
12
Fair Procedures Are Required When Dismissing An Employee During Probation
Late last year, the Labour Court made a non-binding recommendation under the Industrial Relations Acts that a hotel manager be awarded €90,000 in compensation ...
Ireland
12 Feb 2019
13
Employers Should Exercise Caution When Dismissing Employees Awaiting Or In Receipt Of Long-Term Disability Benefits
Before deciding to dismiss an employee on the grounds of medical incapability, an employer will have its obligation to reasonably accommodate the employee under the Employment Equality Acts
Ireland
18 Jan 2019
14
The Right To Legal Representation In A Disciplinary Inquiry – The Exception, Not The Rule?
The decision of Eagar J in Lyons v Longford Westmeath Education and Training Board was seen as a dramatic development in some quarters
Ireland
28 Nov 2018
15
The Bar Remains High For Employees In Constructive Dismissal Claims
In both Kaydee Cosmetics Limited v Elizabeth Blake and Cedarglade Limited v Tina Hliban, the Labour Court upheld the decision of an Adjudicator Officer to dismiss complaints of constructive dismissal.
Ireland
12 Oct 2018
16
Protected Disclosures Legislation Shows Its Teeth With First ‘Statutory Injunction' Granted
Just under two years since the Protected Disclosures Act 2014 came into force, it has been widely reported in the last few days that the first order for interim relief under the 2014 Act...
Ireland
15 Aug 2016
17
Disciplinary Processes – Court Of Appeal Judgment Serves As A Useful Reminder Of Some Fundamental Principles
In a recent judgment concerning the lawfulness of a disciplinary process to which an independent contractor had been subject, the Court of Appeal neatly restated some principles that are fundamental...
Ireland
1 Aug 2016
18
HR Matters, July
In HR Matters, the Arthur Cox Employment Law Group Newsletter, we look at a range of issues across our practice area and some recent and prospective developments in law.
Ireland
1 Aug 2012
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