Author: Terry Gorry
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The 2 Tests for Constructive Dismissal (And Some Advice for Employers)
There are 2 important tests which need to be reviewed in all claims of constructive dismissal. These tests emanate from the Employment Appeal Tribunal. We now have the WRC adjudicating on these claims, but the same principles apply, and they emanate from a seminal decision from the Supreme Court in 2009, Berber (respondent) v Dunnes Stores…
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Without Prejudice Negotiations Can Be High Risk for Employers if Not Handled Correctly
“Without prejudice” negotiations in an employment dispute can be an incredibly useful tool. For many employers, they represent the best route to an acceptable outcome to an employment dispute. Because, quite frankly, the employer often “hasn’t a leg to stand on”. You wouldn’t believe what some of them get up to! However, if they are…
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The Employment Appeals Tribunal Annual Report for 2012-The Essentials
Every year the Employment Appeals Tribunal produces a report of its activity in preceding years. The Tribunal has just published its report for 2012. The top 6 categories of case referred to the Employment Appeals Tribunal in 2012 were: 1. Unfair dismissal 31% 2. Redundancy …
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Work Practice or Contractual Entitlement? The Facts You Should Know
The question of what is a “work practice” and what is a contractual term of the employment contract is an important one, for both employees and employers alike. Because the employer can change a work practice unilaterally. For example changing a break from 10 am to 11 am. But a contractual entitlement or term cannot…