AOC Solicitors

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Facts: The determination sets out the background of this case as follows. The employer’s premises closed on 12th March 2020 due to the Covid-19 Pandemic. In terms of communications around the closure the employee confirmed to the Labour Court that he was never at any time given any notice of temporary lay-off in accordance with Section 11 of the Redundancy Payments Acts 1967-2014 (the “Acts”). However, neither was he ever at any time given any notice of dismissal. Nonetheless, his employer ceased to pay him or offer him work. Continue reading here https://buff.ly/4dIabSx

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In A Solicitor v A Construction Consultancy Business (ADJ-00046911), the Complainant brought a complaint to the Workplace Relations Commission (“the WRC”) under Section 8 of the Unfair Dismissals Act, 1977, alleging that she was an employee of the Respondent company and was unfairly dismissed. The Adjudicator, Catherine Byrne, found that the Complaint was never an employee of the Respondent company, regardless of having been treated as an employee by the Revenue and paying taxes for 11 years. Continue reading here https://buff.ly/4dKpE4U

As highlighted in our previous article in June 2022 entitled “Employers to Begin Mandatory Reporting of Gender Pay Gap Information for the First Time” (link below), the Gender Pay Gap Information Act 2021 (“the Act”) came into force on 31st May 2022. The Act amends the Employment Equality Act 1998 and aims to ensure greater transparency regarding differences in the remuneration of employees by reference to gender. Read the full article here https://buff.ly/3zMNtLo

In a recent decision of the Workplace Relations Commission (“WRC”) in Gareth Elliot v Legs Eleven Limited (ADJ-00050223), the Complainant claimed that his dismissal for reason of redundancy was unfair. The Complainant argued that the Respondent had not taken into consideration other roles which he could have done. The Respondent rejected the claim. Read the full article here https://buff.ly/4gRebD7

“Going forward, to build a breakthrough Twitter 2.0 and succeed in an increasingly competitive world, we will need to be extremely hardcore. This will mean working long hours at high intensity. Only exceptional performance will constitute a passing a grade. [….] If you are sure that you want to be part of the new Twitter, please click yes on the link below. Anyone has not done so by 5pm ET tomorrow (Thursday) will receive three months of severance. Whatever decision you make, thank you for your efforts to make twitter successful. Elon.” Continue Reading Here https://buff.ly/4gRdNVb

In a recent decision of the Workplace Relations Commission (“WRC”) in Alina Karabko v Tiktok Technology Ltd ADJ-00051600, the Complainant alleged the Respondent did not fully consider her application for fully remote working arrangements in accordance with the Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”) and the Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working (the “Code”). The Complainant alleged that the Respondent disregarded her needs in their decision to refuse her request for remote working and did not consider the request in an objective, fair and reasonable manner. The Respondent rejected the claim in its entirety. Read the full article here https://buff.ly/3XwzzWw

In Matthew McGranaghan v. MEPC Music Ltd (ADJ-00037668), the Complainant brought a number of complaints to the Workplace Relations Commission (“the WRC”) alleging that he was an employee and not self-employed and on that basis, he claimed that he was unfairly dismissed; not paid his notice entitlement; not paid his annual leave or public holiday entitlement. He also claimed compensation for the Respondent’s failure to comply with the minimum notice requirement. The Adjudicator, Caroline Reidy, found in his favour and awarded him a total amount of €43,840 Read the full article here https://buff.ly/4ebROWO

Facts: The Complainant began employment with the Respondent in October 2020. He received online training during the COVID-19 Pandemic which he considered to be inadequate. He submits that he often had to carry heavy trays of meat, sometimes over 25kgs, in sub zero temperatures. The Complainant sustained an injury to his back in January 2021. It is in dispute as to whether this injury was sustained at work or at home. On 5th January 2021, the Complainant’s GP sent a letter to the Respondent advising that the Complainant had ‘radicular lumbar back pain’ and requesting that the Complainant be tasked with light duties. The Respondent submits that due to the nature of the work, there were no light duties available. Read the full article here https://buff.ly/4g92l77