Part 1 : Preliminary and General

Part 1 of the Act deals with the usual interpretation and commencement of the Act. Section 6 deals with service of documents, it provides that service can be satistified by one of the following means: by delivering it to the person by hand, by leaving it at the usual address of the ordinary residence of…...

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Part 3 – Enforcement

Inspectors Section 26 provides for inspectors to be appointed and Section 27 gives these inspectors broad powers to enter places of employment and to inspect and/or remove documents, books and records. Further an inspector can require any person at the premises to give information and or assistance and also to make a declaration of truth…...

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Part 2 – Workplace Relations Commission

Part 2 of the Act provides for the establishment and functions of the Workplace Relations Commission (WRC) which essentially takes over the work of several employment bodies. The WRC will have general responsibility for the promotion and improvement of industrial and employment relations, with new powers to impose compliance notices and fixed payment notices to…...

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WRA 2015 – Introduction to the Act

The Workplace Relations Act 2015 came into force in October 2015 and contains the most significant overhauls to the practice of employment law since the establishment of the Employment Appeals Tribunal nearly 50 years ago.   The aim of the Act is to streamline the dispute procedure in employment law. Before this Act came into…...

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Redress

The Act provides in section 7 for three different remedies for an employee who has been unfairly dismissed. Re-instatement This requires the employer to treat the employee as if the dismissal had not happened.  The employee is placed back in the same position and will be entitled to any arrears of salary due. Re-engagement This…...

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Code of Practice on Disciplinary Procedures

The Industrial Relations Act 1990 provides a Code of Practice on Disciplinary Procedures and the 1993 Unfair Dismissals Amendment Act provides that a court or tribunal can take account of the adherence to this “Code”. This Code provides guidance to both employees and employers as to the general principles that apply in disciplinary procedures and…...

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Types of Dismissal

There are essentially three different types of dismissal which can occur under the Act. The first is a fair dismissal where if the specific grounds under section 6(1) of the Act are met and the procedure under which the employee was dismissed was fair then the dismissal will be fair under the Act. It is…...

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McDonnell v. Dublin Airport Authority plc UD1899/2011, RP2481/2011

Facts Dublin Airport Authority employed the claimant as a cleaner. In 2009, the claimant was diagnosed with a serious illness and thereafter accrued significant sick leave. Evidence was given that the claimant’s GP had advised that the claimant was fit to return to work on a phased basis. However, attempts by the HR department to…...

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