Terry Gorry The burden of proof in an unfair dismissal case will depend on whether the employer terminated the employment, or the employee resigned. If the employer terminated the employment, then the burden of proof rests with the employer. He must prove he had substantial grounds for the dismissal. Section 6 of the Unfair Dismissals Act 1977 … Read more
Unfair dismissal awards in Ireland can vary widely, depending on the particular facts of the case. I recently saw a case where an employee was successful in his unfair dismissal claim but was awarded nothing-that is, a nil award. In that case the adjudicator agreed with the employer that the employee was virtually blackmailing the … Read more
The Work Safely Protocol, published by the Department of Enterprise, Trade and Employment is an important document for employers and employees. A Return-to-Work Safely Protocol was first published in May 2020. This updated protocol is the second revision of the original protocol. It provides guidance on ventilation and vaccinations, antigen testing in the workplace and … Read more
The Supreme Court decision in the ‘Zalewski’ case, delivered on 6th April 2021, has necessitated some changes to the way WRC hearings will be held in future. The Supreme Court held that the WRC were engaged in administering justice in deciding employment cases, albeit exercising limited functions and powers. You can read a full report … Read more
A UK bulk liquid lorry driver was recently dismissed from his employment on account of his refusal to wear a face mask on a client site. He is believed to be the first worker in the UK to be fired for refusing to wear a mask. The driver-Deimantas Kubilius- had been reported to his employer … Read more