*Sigh* Yes, I admit it. It’s trite and glib and a cliché to say that “timing is everything”. You’ve heard it before, and from all types of people, in a variety of circumstances. But it’s true. Because the veracity of the statement was never clearer to me than when 3 employees came to me for … 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
Can we be honest? Constructive dismissal cases are difficult to win because the burden of proof is on the employee to prove that she had no other option but to resign due to the unreasonableness of the employer. The January, 2013 decision of the Employment Appeals Tribunal in the case of Daniel O’Gorman v Glen … Read more