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We hope you have had a wonderful month. Welcome to our 25th e-Newsletter on employment law. Please do not hesitate to share this with anyone who you feel this would be of interest.

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AOC Solicitors - Resources

Interesting decisions, cases and articles in July 2019

Court of Appeal puts nail in the coffin for injunction applications where dismissal is by way of redundancy

The Court held that the Claimant was constructively dismissed and awarded him €15,000. The Labour Court did not have sufficient information from the Claimant to confirm his financial losses and on that basis was cautious about the amount of the award.

Significant ruling from UK Supreme Court on use of severance in Restrictive Covenants

Tillman v Egon Zehnder Ltd [2019] UKSC 32. The Supreme Court in the UK recently handed down a landmark judgement in which a 6 month...

Injunction granted Against Former Employee Enforcing Non-solicitation of Customers Obligation

Sonoma Valley Ltd t/a GSLS issued High Court proceedings against Frances Cahill and her new employer RMS Cash Services Limited in respect of breaches of confidentiality and non-solicitation clauses in Ms Cahill’s contract of employment. 

No written contract costs Employer €4,000 in Constructive Dismissal case

This case concerns a co-appeal in relation to an unfair dismissal claim. The Complainant worked for the Respondent but there was no written contract between the parties...

Employer ordered to pay Employee on sick leave for endangering the employee’s physical or mental wellbeing

The Complainant worked as a carer for the Respondent, who was a disability services provider. An issue arose in which he did not feel comfortable attending to the intimate care of female service users. 

Burden of proof on Employees in discrimination case

The Complainant worked in the shop of the respondent on a fixed-term contract. The Complainants contract was renewed twice, however on the third occasion the Respondent decided not to renew the contract.

Employee’s position held to be redundant after Employer changes his place of work

 

The complainant worked with the respondent in Bandon for 10 years. He was certified as unfit to work for a period of 1 year.  During this sick leave, the respondent moved the Complainant’s job position to Cork city.

Part-time Employee awarded €3,500 in sexual harassment case due to damning text messages

The Complainant, who was in her final year of secondary school, took up employment with the Respondent as a kitchen porter in a restaurant. No documentation was drawn up and the complainant was paid cash in hand. 

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Anne O'Connell Solicitors, Fitzwilliam Hall, Fitzwilliam Place, Dublin 2, Ireland.
e: info@aocsolicitors.ie | p: +353 (0) 1 669 8550
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