Author: Terry Gorry
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Counter-offers in the Formation of Binding Contracts-What You Should Know
I am occasionally contacted by employees who have attempted to negotiate a contract of employment but difficulties have arisen and they want to sue for breach of contract. The first thing that needs to be addressed, however, is whether a binding, enforceable contract has been entered into between the employee and the employer with whom…
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Labour Court Awards €51,168 for Discrimination Based Dismissal After Maternity Leave
The Labour Court has awarded the maximum amount open to it-€51,168-for the effects of discrimination in a case involving an employee returning to work after maternity leave. Background Karen Kelly worked for G4S Secure Solutions (Ireland) Limited and had been awarded €11,602.50 at a Workplace Relations Commission hearing. Both employer and employee appealed this decision,…
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High Court Has No Jurisdiction in Employment Claim to Workplace Relations Commission
If you have ever been dissatisfied or critical of the Workplace Relations Commission in relation to an employment dispute and you have wondered whether you are able to canvas your complaints in the Civil courts a recent (June 2019) High Court decision clarifies the matter. In Maurice Power v HSE [2019] IEHC 462 Mr. Power…
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Occupational Stress and Actionable Workplace Stress-the Crucial Difference
In the course of my work, on a daily or weekly basis, I meet employees who tell me they are ‘stressed’ or have been signed off work by their doctor due to workplace stress. When I discuss the matter more fully I discover a wide range of reasons as to why the employee feels stress.…
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Probation in the Irish Workplace-the Essentials
Most employees are put ‘on probation’ in a new employment before their position is confirmed. Most employment contracts will state that the position will only be confirmed on satisfactory completion of the probationary period. A typical clause in an employment contract will read ‘Subject to satisfactory completion of the probationary period specified below, you will…