We hope you have had a wonderful month. Welcome to our 26th 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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Winner of Women in Law Award 2019 - Employment Law, Ireland.

I am honoured to have won the Winner of Women in Law Award 2019 - Employment Law, Ireland. Please click here to read the full article.

AOC Solicitors - Resources

Interesting decisions, cases and articles in August 2019

Parental Leave Update

From 1st September 219 each parent (who has at least 1 years continuous service) is entitled to parental leave of 22 weeks unpaid leave rather than 18 weeks. From 1st September 2020 this will increase again to 26 weeks.

The Leave must be availed before the child is 12 years of age or in case of children with disabilities/long term illnesses, 16 years of age. Any employee who has used their 18 week entitlement but still meets the qualifying criteria may still avail of the additional weeks as set out above.

Labour Court Finds Employee to have contributed to his own dismissal & reduces award by 75%

The Complainant who had been employed by the respondent for over 32 years was dismissed on 4th February 2016 on account of gross misconduct. 

Unfair Dismissal claim failed for Employee that went on leave despite having sick cert

In the case of A General Operative v A Bakery the Claimant’s claim of Unfair Dismissal was dismissed by the Adjudicator. The Complainant was employed by the Respondent from 16th January 2008 until his dismissal.

Retaining the identity of the old business constitutes a ‘transfer’ within the meaning of regulations.

The Complainant was employed by Playside Limited in 2015, which held the license to sell alcohol, run a restaurant and host functions, as a chef/kitchen worker. 

WRC Awards losses into the future for unfair dismissal claim for non-renewal of fixed term worker due to pregnancy

The Complainant was employed by a crèche as a childcare worker to work part time hours on a fixed term contract for 38 weeks which commenced on 4th September 2017 to 29th June 2018.

Dismissal for gross misconduct upheld for breach of confidentiality of bullying investigation

The Complainant who had been employed by the Respondent for over 7 years was dismissed on 17th October 2017 for gross misconduct. 

Employer’s failure to attend second day of hearing costs them €61,000

In the recent decision of Adjudication Officer James Kelly, the Respondent was ordered to pay €61,000 in compensation to the Complainant.

Landmark Supreme Court Decision on the Obligation to provide Reasonable Accommodation to Employees with Disabilities

One of the most important employment law decisions issued so far this year was the Supreme Court decision handed down a few weeks ago in the long running case of Nano Nagle School v. Marie Daly [2019] IESC 63.

Employee Downtime

The decision of the WRC this month in the case of A Store Manager v A Retail Pet Shop ADJ-00016534 is a timely reminder of the necessity not to interfere with an employee’s rest breaks and is in keeping with a recent legal trend in Ireland and the EU generally in favour of protecting the quality of employee downtime.

Anne O'Connell Solicitors, Fitzwilliam Hall, Fitzwilliam Place, Dublin 2, Ireland.
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AOC Solicitors · Fitzwilliam Hall · Fitzwilliam Place · Dublin, D2 · Ireland

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