Unfair Dismissal

Forced retirement at age 68 leads to €31,000 award for unfair dismissal at WRC

The employee in this case was 68 years of age when his employment was terminated on the grounds of age. James Spencer claimed there was no compulsory retirement in the workplace, and others had been permitted to work past the age of 68. The employer claimed there was a company retirement age of 66. The …

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Calculating financial loss in unfair dismissal-the redundancy lump sum and PUP payments should be ignored

This WRC case between Kieran Murray and Sherry Garden Rooms Limited is an interesting one. There are two significant decisions made by the adjudicator in arriving at the calculation of the employee’s financial loss. One has to do with the statutory redundancy lump sum received by the employee on termination of employment; the other is …

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Constructive dismissal and the crucial importance of exhausting the internal procedures before resigning

“Did you avail of the internal grievance procedure before you resigned?” This is one of the first questions I ask any employee who comes to me for advice about bringing a claim for constructive dismissal. It can be easily established from the case law that a case for constructive dismissal will almost certainly fail if …

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Builder who broke colleague’s nose in a fight wins unfair dismissal claim

Who would be an employer? A construction worker who broke a colleague’s nose in a fight has just won an unfair dismissal claim against the employer. The amount of money awarded was relatively small: €966. But if paying this money sticks in the craw of the employer, Derek Daly Construction Limited, I can understand. The …

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Unfair dismissal-4 interesting decisions last week including a €120,000 award

Last week threw up some eye watering unfair dismissal decisions being reported in the media. A man was awarded a total of €88,200 for unfair dismissal in a dispute concerning a phone bill which indicated the employee was in Germany on Christmas Eve, 2018. The employee had requested leave for that date but his request …

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