The constitutionality of the Workplace Relations Commission (WRC) and Labour Court framework for adjudicating on employment disputes is being challenged in the High Court. The Supreme Court has decided on 20th March 2019 that the employee, Mr Zalewski, is entitled to have his challenge heard in the High Court which had previously decided he did … Read more
I have represented a good deal of clients in the Workplace Relations Commission and Labour Court over the last 10/12 months. In that time period I have observed what I consider to be 3 significant mistakes at those hearings. You might learn something from them; I know I have. Let’s take a look, shall we? … Read more
What happens if there is a technical breach of the law by an employer but the employee has not suffered any prejudice or detriment? Do you know what the “de minimis rule” is? It might be a good idea to be aware of it. Let me explain. An employer must give an employee a written … Read more
I have written a number of blog posts about probation and the options open to an employee who has been dismissed whilst on probation. The general position is that you cannot bring a claim for unfair dismissal under the unfair dismissal acts for section 2(1) Unfair Dismissals Act, 1977 sets out a number of categories … Read more
If you are representing yourself at the WRC or Labour Court you will need to be prepared to adapt your approach depending on how the hearing is conducted. Let me explain. You may have familiarised yourself with the rules for the conduct of Labour Court hearings in Labour Court (Employment Rights Enactments) Rules 2016 which … Read more