Are you confused about what constitutes gross misconduct?
Are you clear on how to ensure fair selection for redundancy, and what the EAT will look at if there is an unfair dismissal claim?
Do you know what questions the High Court looks at when deciding whether you have suffered a personal injury as a result of workplace stress and/or bullying?
Are you aware of the tests the EAT apply when deciding a constructive dismissal claim?
Do you realise the significance of the difference between being an employee and an independent contractor? And how the Court will decide?
Did you know that a settlement agreement may not be as “full and final” as you thought?
Employment law in Ireland is complex
Employment law in Ireland is a huge, complex subject. It’s made up of common law, statute, regulations, EU directives, custom and practice, etc.
It’s perfectly understandable why you could not keep on top of it all. Especially if you are running a business, or working in a busy job.
That’s why this book will help.
Because it looks at actual decided cases, from 2010 to 2014, from the bodies who decide the winners and losers of employment cases: the Employment Appeals Tribunal (EAT), the Equality Authority, and the Courts (the High Court).
31 Real Cases
I take a look at 27 actual cases-17 from the EAT, 2 from the Equality Tribunal, and 3 from the High Court-and look at the lessons to be learned from them. I also provide a link to the original full decision of 24 of them.
The cases cover a wide range of topics, and involve real people in real workplace situations.
- the ‘Stale Chicken Wrap’ case
- the ‘Missing Jam Tarts’ case
- the case of the public transport employee who spat at a customer who was abusing her
- the Special Needs Assistant in a Kildare primary school awarded over €250,000 in the High Court for bullying/personal injuries (please note this award was overturned on appeal, you can read more about the Supreme Court decision here)
- the fast food restaurant manager who ‘forgot to pay for his food’,
- the security guard at a shopping centre fired for taking money from shopping centre parking pay stations
- and more.
So, this book is not a dry statement of what the law states.
No, it takes the decisions from the actual decision makers and sees what they have to say about their decisions, how they arrived at those decisions, and the lessons you can learn from them.
Kindle and Paperback Updated in December 2018
I updated this book in December, 2018 to include 4 new cases which are important:
- The Court of Appeal case, Iarnród Éireann / Irish Rail v Barry McKelvey, which clarified the situation in respect of the right to legal representation for the employee involved in disciplinary proceedings in the workplace;
- The Supreme Court’s decision in 2017 in the Una Ruffley v Board of St. Anne’s Primary School case in which the Supreme Court clarified the law surrounding bullying in the workplace;
- Decisions from the WRC and the Labour Court dealing with unfair dismissal claims arising from a redundancy situation
Are you an employee?
And if you are an employee, you will
- know what is, and isn’t, acceptable in the workplace,
- get a good idea of the types of awards made for unfair dismissal, and personal injuries caused by bullying,
- what a court will look for when you bring a claim for personal injuries arising from workplace bullying,
- the tests applied by the Employment Appeals Tribunal in constructive dismissal cases,
- how the EAT views the new legislation protecting temporary agency workers,
- and more.
Written by a practicing solicitor
It’s written by a practicing solicitor who has been an employer in Ireland since 1986 in a variety of industries and who is involved in advising and representing in employment claims and disputes every week of the year.
By the end of this book, you will have a clear idea of what you can, and cannot, do as an employer or HR professional.
As an employee you will have clarity about your rights as an employee in the Irish workplace.
Kindle Book and Paperback
Please note: you do not need a Kindle device to read this book. You can read them on your ipad or personal computer or laptop with the free Amazon app.
Don’t Have a Kindle?
You don’t need a Kindle device to read a Kindle book, (although I would recommend getting one for a whole variety of reasons).
If you download the Kindle app from Amazon on this page you can read Kindle books on your phone, on your PC, on your tablet device, etc.