A decision from the Workplace Relations Commission which I read about this morning proves a point I have repeatedly made about WRC cases generally. And that is, given a choice between having the facts in my favour or an experienced, costly legal team I would always prefer the facts. A lay litigant can have a… Continue reading Lay litigant accountant wins maximum award for unfair dismissal at WRC
Tag: employment law in ireland
Receiver appointed in Enoch Burke case
A receiver was appointed yesterday in the High Court to collect Enoch Burke’s future salary, on application by the Attorney General. A conditional garnishee order was also granted in respect of Burke’s bank account, into which the salary is paid. This appointment is the consequence of a litany of catastrophic decisions the Burkes have made… Continue reading Receiver appointed in Enoch Burke case
Bullying in the workplace
If I had a euro for every time an employee told me they were being bullied in the workplace I would be a wealthy man. Most employees with whom I speak do not truly understand what constitutes bullying. What they are often referring to are one off incident or a form of rough, imperfect management… Continue reading Bullying in the workplace
Submissions to the WRC (Workplace Relations Commission)
Preparing a good submission prior to a WRC hearing is vitally important, in my opinion. If you prepare a compelling case, and send it in to the WRC sufficiently early, you have an excellent opportunity to set up your case and paint the picture in your favour. You have the ability to communicate directly with… Continue reading Submissions to the WRC (Workplace Relations Commission)
One of the advantages (and disadvantages) of the WRC complaint handling system
One of the advantages of the Workplace Relations Commission complaints handling system is the ease with which an employee can submit a claim. There is no cost involved and filling out an online complaint form is all that is required to get a claim in the system. This can be a problem for employers because… Continue reading One of the advantages (and disadvantages) of the WRC complaint handling system
An area of significant risk for small employers
An area of serious risk for small employers is the whole area of human relations, disciplinary procedures, workplace investigations, and so forth. The larger employer has HR departments or a number of HR professionals on their payroll. They may even have in house legal counsel and/or external solicitors on retainer. But the small employer who… Continue reading An area of significant risk for small employers
When I have bad news to deliver
One of the most frustrating parts of giving consultations, especially in person consultations, is when the person who I am advising does not take the advice well. In fact, not only do they not take the advice with equanimity, but they lose the head completely and demonstrate a scary irrationality in their response. Often, we… Continue reading When I have bad news to deliver
The most difficult task for the small business owner
I have been self-employed since December 1986. That’s 38 years and counting. I have been involved in many industries, many start-ups, and have learned a lot along the way. Once you are halfway observant you are bound to pick up some stuff over the course of 38 years of all types of issues and problems.… Continue reading The most difficult task for the small business owner
But he’s telling lies, can we sue for defamation?
I meet employers and employees on a regular basis to advice on employment law. The context is usually the man/woman in front of me in the consultation has received a letter from the Workplace Relations Commission advising him/her of a complaint from a former employee. When they read through the complaint, they invariably tell me… Continue reading But he’s telling lies, can we sue for defamation?
Preparing for a WRC case-the biggest problem as a sole practitioner
As a sole practitioner one of the biggest problems I face when preparing for a WRC hearing is distraction. That is, the many distractions in the office including other files, letters, emails, property transactions, wills, personal injury claims which demand some or all of my attention. Being able to give an upcoming WRC hearing your… Continue reading Preparing for a WRC case-the biggest problem as a sole practitioner