Long term sick leave. What can or should you, as an employer, do? Have you considered a discrimination claim, on the grounds of disability, being brought against you? Many employers have to deal with employees absent from work on long term sick leave. Two cases which should be studied closely in this area are: An Equality Tribunal case (E2011-114), … Read more
A young man, worried about losing his job, contacted me this week. He only has about 11 months service in the job and was concerned that the employer was getting ready to dismiss him before he had the necessary 12 months service for the protection of unfair dismissal legislation. Let me explain. In order to … Read more
Make them fire you. Don’t make it easy for them. Let me explain. If an employer dismisses you it must be a fair dismissal. And if you bring a case for unfair dismissal the employer will have to prove the dismissal was fair and justified. The burden of proof is on the employer. And it … Read more
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 … Read more
“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 … Read more