Month: April 2020
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Shop Assistant Awarded 2 Years’ Salary for Discriminatory Dismissal
When Jimmy came to see me after he was dismissed from his job I advised him against bringing a claim for unfair dismissal. And that decision has now paid off handsomely. Because Jimmy has now been awarded 2 years’ salary for the claim arising from his dismissal-a discrimination claim under the Employment Equality Act 1998,…
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High Court Dismisses Constitutional Challenge to the Workplace Relations Act 2015, WRC Adjudication System and Labour Court
The validity and constitutionality of the Workplace Relations Commission and Labour Court had been challenged in the High Court by way of a Judicial Review. The High Court has now issued its decision. The case is Thomas Zalewski and The Workplace Relations Commission, Ireland and the Attorney General, and an Adjudication Officer (Rosaleen Glackin). The…
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Whistleblower’s Appeal of Labour Court to the High Court on 10 Points of Law Dismissed
A Higher Education Officer in the Department of Employment Affairs and Social Protection has had his appeal to the High Court on ten points of law against the Labour Court dismissed. The background to the case is that the employee was the subject of a disciplinary procedure due to alleged misconduct in the workplace. The…
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Parallel Proceedings-WRC Decides Both Maternity Protection Act and Employment Equality Act Claims Can Be Pursued
This case involved a woman who worked as a HR manager returning to work after her maternity leave and discovering she was not, according to her, returning to the same job she had left. She brought claims under the Maternity Protection Act 1994 and the Employment Equality Act 1998. Preliminary issue The employer’s legal team…
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GDPR, Subject Access Requests, and Coronavirus/COVID-19
How does COVID-19 impact on your GDPR rights and obligations? The Coronavirus/COVID-19 pandemic has caused problems in all areas of life, including the difficulties posed regarding responding to data subject requests. The Irish Data Protection Commission (DPC) has issued guidelines, whilst pointing out that the timelines for responding to requests has not changed. Advice for…