False claim of racial slur and statements made after dismissal leads to €9,000 for unfair dismissal

A bus driver was recently awarded the best part of €9,000 in an unfair dismissal claim against his former employer for gross misconduct. The employer, Blue Line Coaches Limited, trading as Nolan Coaches, claimed the driver used a racial slur in describing a Chinese person as “a fat Chinese c***”. But the WRC adjudicator, Kevin … Read more

The Enoch Burke dispute-a valuable reminder of some principles of employment law

Enoch Burke was dismissed yesterday from his employment as a secondary school teacher with Wilson’s Hospital School in Westmeath. Mr Burke can appeal this decision within ten days of the decision to terminate. The dispute has generated a great deal of publicity and media attention with frequent visits to the High Court. And those appearances … Read more

Employee’s unwillingness to engage in employer’s process before resigning causes failure of constructive dismissal claim

Thinking about resigning from your job and bringing a claim for constructive dismissal? Before you do you would be well advised to take 10 minutes or thereabouts to read the WRC decision in the case of Brian Griffin v Sage (ADJ-00034467). Mr Griffin resigned from his position of 2.5 years with Sage but he made … Read more

Dunnes Stores employee charged with lewd act in Marks and Spencer loses unfair dismissal case

Can you be fairly dismissed if you have a perfect disciplinary record and ‘exemplary work record’ in your job? The answer is yes. Dunnes Stores dismissed a general assistant, Gerard McVeigh, for something that occurred outside the workplace. McVeigh was charged in the District Court with committing a lewd act-masturbating himself-in the toilets of Marks … Read more

Was employee laid off or dismissed? Wins €10,000 at Labour Court

Laid off? Dismissed? An employee has won €10,000 in the Labour Court for unfair dismissal against a jeweller business where the employer claimed the employee was not dismissed but laid off. The employee’s case at the Workplace Relations Commission at first instance had failed. He appealed that decision to the Labour Court. The employee in … Read more