Insolvent employers and redundancy payments

I have three cases, at the moment, of my employee clients being entitled to a redundancy payment, as found by the Workplace Relations Commission, but where the employer is insolvent or unable to pay. We will have to pursue these payments through the fund which is administered by the Department of Jobs, Enterprise, Trade and… Continue reading Insolvent employers and redundancy payments

“Bizarre…she probably couldn’t even lift it”

This comment from Christine, on TikTok, in response to my video about a woman who was excluded from the possibility of getting a job she applied for because she was a woman illustrates why you should be thankful for the law. And especially laws around discrimination. The whole point of this discrimination case, and the… Continue reading “Bizarre…she probably couldn’t even lift it”

“I’m not a waitress” finance manager loses discrimination case

A finance manager who was asked by the Chief Executive to get more wine at a company dinner, and responded with “I’m not a waitress”, has lost her claim for constructive dismissal and discrimination. The adjudicator at the Workplace Relations Commission held that the Chief Executive’s request was made because she was the one who… Continue reading “I’m not a waitress” finance manager loses discrimination case

An avoidable mistake with performance improvement plans

A mistake I see quite frequently with employees who have been placed on a performance improvement plan with their employer is their inability to see the big picture and where the plan is headed. This is often apparent coming towards the end of the process. Often the plan will be passed successfully, and the employee… Continue reading An avoidable mistake with performance improvement plans

Wild, untrue and unproven allegations can still cause reputational damage to your small business

I have written in the past about certain employees overestimating the significance of any publicity surrounding their employment law case at the WRC. Frankly, I have advised them that the issue they are claiming about may play a large part in their life and mind. But for most people it will not move the dial.… Continue reading Wild, untrue and unproven allegations can still cause reputational damage to your small business

Give your solicitor all the facts in advance of the hearing

There is an indescribable sinking feeling when you are in a WRC hearing and it turns out that your client withheld a vital piece of evidence from you prior to the hearing. Notwithstanding that your client has read and approved your proposed submission on his behalf to the WRC weeks in advance, your argument that… Continue reading Give your solicitor all the facts in advance of the hearing

The employment cases that stir the emotions

I’m surprised by the number of solicitors who do not do employment law or have made the intentional decision to avoid it. It is probably because of the sheer quantity of laws and regulations surrounding employment law, and the many frequent changes, that make it a murky, labyrinthine area of law. Much of it can… Continue reading The employment cases that stir the emotions

Have I a case?

I often come across individuals who believe they have ‘a case’ against their employer and want my agreement and encouragement. Often, I must tell them that I do not believe they have any valid, winnable claim. And they come back again and again asking this question and that question and trying to find something to… Continue reading Have I a case?

2 common mistakes made by lay litigants in employment cases

I meet many individuals who have submitted employment related claims to the Workplace Relations Commission and intend representing themselves. Or they may want me to represent them, but they have come to me too late in the day or I do not have the time at short notice or it will not be cost effective… Continue reading 2 common mistakes made by lay litigants in employment cases