Sick Notes and Proving Disability
1. Introduction The case of Louis O’Neill v City Break Apartments Limited City Break Apartments (ADJ-00042764) examines the circumstances under which an Adjudication Officer will construe medical certificates as providing a sufficient proof, from an employee to an employer, that they were suffering a disability, in accordance with the definition within the relevant legislation, creating
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Remote Working and Reasonable Accommodation
1. Introduction The case of Sarah Treacy v Centz Retail Holdings Ltd. (ADJ-00037025) examines the circumstances under which an employer will be required to consider remote working, as a form of reasonable accommodation, in respect of an employee who may be suffering a disability. Sarah Treacy (the Complainant) brought a complaint under section 77 of
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Grievance or Protected Disclosure
1. Introduction The case of Louis O’Neill v City Break Apartments Limited City Break Apartments (ADJ-00042764) examines the circumstances under which an Adjudication Officer will construe a concern as constituting a protected disclosure. Mr O’Neill (the Complainant) brought a number of complaints against City Break Apartments Limited City Break Apartments Limited (the Respondents) to the
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Expectation to Participate in Workplace Investigation and Disciplinary Process
1. Introduction The case of a Worker v Louth County Council (ADJ00041356) examines the circumstances under which it would be reasonable or otherwise for an employee not to participate in an investigation or disciplinary process. The matter was appealed to the Labour Court (LCR22871). The Worker (the Complainant) brought a complaint under Section 13(9) of
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Entitlement to Carry Over Annual Leave
1. Introduction The case of Martin Beirne v Health Service Executive (HSE) (ADJ-00040093) examines the circumstances under which an employer will be held liable for any accrued but untaken holiday pay from previous annual leave periods. Mr. Beirne (the Complainant) brought a complaint under 27 of the Organisation of Working Time Act, 1997 against the
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Duty to Inform Employer of Disability
1. Introduction The case of Alan McAndrew v DHL Supply Chain (Ireland) Limited (ADJ00035383) examines the obligations of an employee to inform an employer of any disability should the employee seek a reasonable accommodation. Mr McAndrew (the Complainant) brought a complaint under the Employment Equality Act, 1998 against DHL Supply Chain (Ireland) Limited (the Respondent)
Read MoreDismissal due to Pregnancy
1. Introduction The case of The case of Ms Abbie Walsh v Soraghan Auto Retail Limited T/A Sandyford Motor Centre (ADJ00045841) examines the circumstances under which the dismissal of a pregnant employee will be deemed to amount to a form of discrimination. Ms Walsh, (the Complainant), brought a complaint under Section 77 of the Employment
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Complaints to the Workplace Relations Commission
1. Introduction In this article, I provide a summary of the process of filing a complaint with the Workplace Relations Commission (WRC) through to the conduct of a hearing and issuing of a decision. 2. Filing a complaint to the WRC If someone feels that there has been a violation of employment or equality laws,
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Compensation for Unfair Dismissal – Mitigation of Loss
1. Introduction The case of Noel Baron v Orbit Security Limited (ADJ00032287) examines the circumstances under which redress will be awarded where an employee fails to demonstrate they took sufficient efforts to mitigate their losses. Mr Baron (the Complainant) brought a complaint under Section 8 of the Unfair Dismissals Act, 1977 against Orbit Security Limited
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Changes to Terms of Employment and Rate of Pay
1. Introduction The case of Dermot Flanagan v Dublin Bus (ADJ00046729) examines the circumstances under which changes to the terms and conditions of employment, impacting pay, will ordinarily be enforceable. Mr Flanagan (the Complainant) brought a complaint under Section 27 of the Organisation of Working Time Act, 1997 against Dublin Bus (the Respondent) to the
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