This month, there has been a variety of employment law cases in the news, all carrying unique lessons for employers.
Understanding the criteria for compliance, as well as what happens if something goes wrong, can be a useful tool for employers who wish to stay up to date with their legal obligations and implement best practice.
Here are some of the HR stories we saw in the news this month.
1. Constructive dismissal
Summary: An employee was awarded €420,000 after the WRC found that they were suddenly “shut out” of the business they had founded. After his access to company systems was disabled without warning, the employee felt he had no choice but to resign. The WRC found this to be a case of constructive dismissal, stating that “no reasonable employee – let alone a senior company officer - could be expected to continue in employment under these circumstances”.
Key takeaways: This figure is the biggest Workplace Relations Commission (WRC) award so far this year and the third-largest award ever made in an unfair dismissals case, demonstrating just how important it is to manage the disciplinary and dismissal processes with care. Employers should ensure that they have clear policies in place which
2. Sham redundancy
Summary: An employee has been awarded €140,000 after her employer, the Irish branch of an American multinational, admitted that she had been unfairly dismissed from her job. After 24 years at the firm, the employee filed a grievance when she found out from a company newsletter that her role had been “radically changed”. Two days after the conclusion of the grievance process, she was given notice that her role was at risk of redundancy.
Key takeaways: There is a clear and structured protocol that employers must follow when carrying out a redundancy process. Failure to follow these procedures could lead to significant legal, financial, and reputational damage for your business. Having clear policies in place is crucial, and it is important to ensure that each step of the process is fully in line with Irish legislation.
3. Disability discrimination
Summary: A civil servant, who suffers from a visual impairment, has been awarded €30,000 for disability discrimination after it took over a decade for his employer to provide suitable equipment and support. The WRC concluded that the employee was not provided with reasonable accommodations and that "this constitutes discrimination on the part of the respondent".
Key takeaways: As an employer, it is crucial to understand your anti-discrimination obligations as set out in the Employment Equality Acts 1998- 2015. To accommodate any employees with disabilities in your own business, it’s important to maintain open communication, familiarise yourself with your employer obligations, and provide all reasonable accommodations required for the employee to carry out their role.
