At Fieldfisher Ireland LLP, we understand that navigating employment law can be complex for businesses and employees alike. That's why we are excited to launch our Employment Law Tips of the Week—designed to provide you with expert advice, actionable insights, and up-to-date information on key issues in the workplace.
With years of experience in employment law, we've helped countless organizations stay compliant and create fair, legally sound workplaces.
Stay tuned for weekly updates that will help you stay one step ahead in managing your employment practices!
Employment Law Tip of the Week:
In a recent adjudication of the Workplace Relations Commission, an employee who was removing waste items from his employer and claimed this was a "custom and practice" in the business, was unsuccessful in his unfair dismissal claim.
The WRC decided that the employee removed property without having obtained prior authorisation and that this was a breach of the implied duty of fidelity and duty of mutual trust and confidence between the employer and employee and as such, his dismissal was deemed to be fair.
You can read more about the case here: https://lnkd.in/ePFy-rYJ
✅ Tip: Generally, the relationship between an employer and employee is regulated by the express (usually written) terms and conditions of the contract of employment. However, certain terms can also be implied terms through common law and this is where the implied duties referred to above, such as an employee's duty of fidelity, originate from. Such implied duties go both ways, however, as an employer also has certain implied duties towards its employees, for example, an implied duty of care and an implied duty to act reasonably.
Should you or your business require employment law advice, feel free to reach out to our team members Barry Walsh and Greta Siskauskaite.
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Employment and disputes lawyer. Founder of Bellevue Law, a certified B Corp. Flexible working champion.
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