Low success rates in 200 unfair dismissal cases-new research shows 14% success rate in constructive dismissal claims

Are you thinking about bringing a claim for unfair dismissal? Maybe you are thinking about leaving your job and claiming for constructive dismissal? Before you do you would be well advised to consider the findings of research carried out by a solicitor colleague, Barry Crushell, of Crushell & Co., who reviewed the outcomes of 200 … Read more

Employee wins €35,000 in redundancy case against the Institute of Education, Dublin

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

Employee fired for failing to return to work due to Covid 19 concerns-not an unfair dismissal

Refusing to return to work, or serious concerns, about health and safety as a consequence of the Covid 19 pandemic are a common issue in 2021. I have heard from a good deal of employees over the last 12 to 18 months with a wide range of questions and issues about returning to work, the … Read more

Driver Fails to Show ‘Reasonable Cause’ for 11 Month Delay in Submitting WRC Complaints

This case involved a lorry driver who brought a number (6) of complaints against his former employer, a fuel company. The complaints included unfair dismissal, organisation of working time act breaches, payment of wages, and the minimum wage. The problem he faced, however, was whether he was out of time in submitting his claims or … Read more

Unfair Dismissal Burden of Proof-the Essentials

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