Category: Employment Claims
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Court of Appeal dismisses Enoch Burke’s appeal-decisions of the 3 Judges
Here is the decision of the President of the Court of Appeal in the Enoch Burke appeal of two High Court decisions in the The Board of Management of Wilson’s Hospital School and Enoch Burke. Here is the decision of J. Whelan. Here is the decision of J. Edwards. Summary This case is not about…
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Performance review triggers psychiatric illness; non-payment for pack of cigarettes leads to Tesco paying €23,363 for unfair dismissal
Scrolling through my Twitter feed this morning I came across two interesting cases. Performance review triggers psychiatric illness/disability The first involved an employee who brought a successful claim for harassment on the grounds of disability. She had been subject to an unhappy performance review and was awarded €8,000 for the claim of harassment under the…
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Employee’s unwillingness to engage in employer’s process before resigning causes failure of constructive dismissal claim
Thinking about resigning from your job and bringing a claim for constructive dismissal? Before you do you would be well advised to take 10 minutes or thereabouts to read the WRC decision in the case of Brian Griffin v Sage (ADJ-00034467). Mr Griffin resigned from his position of 2.5 years with Sage but he made…
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Domino’s Pizza delivery drivers are self-employed-Court of Appeal overturns High Court decision
The Court of Appeal has overturned the decision of the High Court in the case concerning whether Domino’s Pizza delivery drivers were employees or self-employed, independent contractors. The Revenue Commissioners had determined that the pizza delivery drivers were employees. This decision was appealed in a case stated by way of appeal by the employer to…
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Review of WRC cases, January-December 2020
The Workplace Relations Commission have published a review of 1,401 cases which reached adjudication stage from January to December 2020. Read the full review here. Some headline points which are worth noting include party representation breakdown of complaints awards made There was 1,401 cases involving 3,059 specific complaints. Most complaints were made under the Organisation…