The burden of proof in an unfair dismissal case will depend on whether the employer terminated the employment, or the employee resigned. If the employer terminated the employment, then the burden of proof rests with the employer. He must prove he had substantial grounds for the dismissal. Section 6 of the Unfair Dismissals Act 1977 … Read more
Unfair dismissal awards in Ireland can vary widely, depending on the particular facts of the case. I recently saw a case where an employee was successful in his unfair dismissal claim but was awarded nothing-that is, a nil award. In that case the adjudicator agreed with the employer that the employee was virtually blackmailing the … Read more
A UK bulk liquid lorry driver was recently dismissed from his employment on account of his refusal to wear a face mask on a client site. He is believed to be the first worker in the UK to be fired for refusing to wear a mask. The driver-Deimantas Kubilius- had been reported to his employer … Read more
John Clarke was dismissed from his job in May 2019 but his employer was ordered by the Circuit Court to maintain his pay and benefits until the outcome of his WRC case. (That case has still not been determined as I write this in September 2020). Mr Clarke had sought the protection of the Protected … Read more
Have you been unfairly made redundant? Perhaps you have a sneaking suspicion that it was not really a genuine redundancy situation and the employer simply took the opportunity presented by the Covid 19 pandemic to get rid of you. Or maybe the redundancy was genuine but you feel you were unfairly selected, that someone else … Read more