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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Calderon & Ors v. Nasser Rashed Lootah and Metad Alghubaisi UD1219/2013, UD1220/2013, UD1221/2013

Facts In this case the respondents hired three women as nannies/domestic help while they were resident in the United Arab Emirates (UAE). When the family moved to Ireland as Ambassador to Ireland the women came with the family and worked in the Ambassador’s residence. In short the women worked extremely long hours, seven days a…...

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Kelleher v. An Post

Facts Mr. Kelleher had been the Postmaster in Newcastle West, Co. Limerick for about nineteen years. There was a kidnapping incident in the post office while Mr. Kelleher was on holiday, where his son was threatened. However the subsequent investigation found that the staff had not been trained by Mr. Kelleher in what to do…...

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Miskella v. Keahal Limited T/A Tir nOg Creche and Montessori School

Facts Here the EAT examined whether a childcare assistant in a creche in Dun Laoghaire had first committed an act of gross misconduct and then whether her subsequent dismissal was procedurally fair.  The owner of the creche stated that she observed Ms. Misekella being rough with one of the children in her care and two…...

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Hussein v. Labour Court [2012] ILRM 508; [2015] IESC 58

Facts The applicant in this judicial review (and the employer in the claim to the Labour Court) operated a Pakistani restaurant in Ireland and Mr. Younis, (the notice party in the judicial review and employee in the claim to the Labour Court), claimed that he was recruited by the applicant, Mr. Hussein, to work here…...

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ESB v. Minister for Social Community & Family Affairs [2006] IEHC 59

Facts The ESB appealed a decision of the Social Welfare Appeals Officer to classify meter readers as employees for the purpose of social welfare contributions. The Officer had been particularly influenced by the fact that the meter readers had to have ESB approval, carried ESB ID cards and any substitute had to be approved by…...

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Henry Denny & Sons (Ireland) LTD, trading as Kerry Foods v. The Minister for Social Welfare [1998] 1 IR 34

Facts Ms. Sandra Mahon was hired by Henry Denny in 1988 as shop demonstrator, offering shoppers free samples of products.  Ms. Mahon’s contract referred to her as an independent contractor  and stated expressly that she was not an employee of Henry Denny & Sons. She was not eligible under her contract to become a member…...

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