An employee on maternity leave is on “protective leave” and cannot have her contract of employment terminated. This protection also applies to any purported redundancy. Section 23 of the Maternity Protection Act 1994 provides the protection: Voidance of certain purported terminations of employment, etc. 23.—Each of the following shall be void: (a) any purported termination … Read more
This case involved a gentleman who was made redundant from the Institute of Education in Dublin. The employee, who had oversight of the Institute’s print room, represented himself and the Institute of Education was represented by Mason Hayes and Curran solicitors. The Institute of Education is a private secondary institute in Dublin and the gentleman … 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
The Court of Appeal will not interfere in an employment dispute when there is a statutory regime in place to deal with the row. This was confirmed again recently in a case involving a solicitor who asked the High Court and the Court of Appeal to intervene in his problem concerning his proposed redundancy. Background … Read more
Any decision to make an employee redundant runs the risk of being challenged by the employee with a claim to the Workplace Relations Commission for unfair dismissal. In a non collective redundancy the employer needs to be absolutely satisfied that The redundancy is a genuine one, not a sham or a ruse to terminate the … Read more