From time to time I am approached by a potential client who wants to ‘build a case’ against their former employer. I quickly let the person know I have no interest in ‘building a case’, and advise them against it, too. Let me tell you why. If you have a valid legal claim or cause … Read more
If employers and employees are located in different jurisdictions confusion can arise as to where an employee may enforce their legal entitlements. There are many types of legal rights, however, arising from a number of sources-for example the contract itself, statute, the constitution. The questions arise as to what statutory regime will apply in any … Read more
If you are not satisfied with a decision in the Workplace Relations Commission you may appeal the decision to the Labour Court. The Labour Court is quasi-judicial and an adversarial forum (Donnelly v Timber Factors Ltd [1991] 1 IR 553). However, administrative tribunals such as the Labour Court are not bound as strictly as the … Read more
When Melissa¹ came to see me she was very upset and was anxious to pursue her employer if that was possible. Except she didn’t say ‘pursue her employer’. She wanted to teach him a costly lesson and ‘put manners on him’. She wanted to take him into a metaphorical darkened room and give him a … Read more
Jackie worked in the same place for 12 years. It’s a well known, large organisation. Unionised, plenty of workplace policies and procedures. She liked her job, was good at it, and had a great attendance record. For about 3 years, however, she was constantly bullied by a man who had a well deserved reputation as … Read more