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
The employee in this case was 68 years of age when his employment was terminated on the grounds of age. James Spencer claimed there was no compulsory retirement in the workplace, and others had been permitted to work past the age of 68. The employer claimed there was a company retirement age of 66. The … Read more
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
Unfair dismissal awards in Ireland can vary widely, depending on the particular facts of the case. I recently saw a case where an employee was successful in his unfair dismissal claim but was awarded nothing-that is, a nil award. In that case the adjudicator agreed with the employer that the employee was virtually blackmailing the … Read more
John Clarke was dismissed from his job in May 2019 but his employer was ordered by the Circuit Court to maintain his pay and benefits until the outcome of his WRC case. (That case has still not been determined as I write this in September 2020). Mr Clarke had sought the protection of the Protected … Read more