1. Introduction The case of Kevin Foley v Digital River Ireland Limited (ADJ-00043952) is a detailed and instructive example of a sham redundancy claim succeeding at senior management level. The Adjudication Officer considered an extensive evidentiary record of correspondence and meeting notes and found that the Respondent had finalised the decision to terminate the Complainant’s

1. Introduction Gross misconduct is the limited category of conduct so serious that summary dismissal — dismissal without notice or pay in lieu of notice — may be the appropriate response. The category is narrowly defined: theft, fraud, serious dishonesty, gross negligence, serious safety breaches, and violence are typical examples. This article sets out the

1. Introduction The case of Martín Santano v Enable Ireland Disability Services Limited (ADJ-00050049) is a useful illustration of the operation of the common law doctrine of frustration of contract within the framework of the Unfair Dismissals Acts 1977 to 2015. The Adjudication Officer was required to consider whether the cessation of the Complainant’s employment,

1. Introduction The WRC Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) sets the minimum procedural standards applicable to disciplinary action in the Irish workplace. Compliance with the Code is not, in itself, a guarantee of fair procedures, but non-compliance is a strong indicator that the procedural requirements of Section

1. Introduction Constructive dismissal is one of the more difficult routes to a successful unfair dismissal complaint. It requires the employee to terminate the employment relationship and then to demonstrate, in the WRC, that the resignation was the necessary and proportionate response to the employer’s conduct. The burden of proof rests with the employee. This

1. Introduction The case of Daniela De La Torre Ruiz v Hamilton UK Services Ireland Limited (ADJ-00049851), decided in March 2025, is a striking example of the WRC’s approach to compensation under the Unfair Dismissals Acts 1977 to 2015 where the employer concedes that the dismissal was without cause. The Adjudication Officer awarded the Complainant

1. Introduction The case of Tony Molloy v Kaefer Limited (ADJ-00053834), considered by the WRC in early 2026, addresses a perennially difficult question for contractor and service-provider employers: what does an employer do when its client demands that a particular employee be removed from a site, and to what extent can client pressure justify a