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About Jonathon Brady

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So far Jonathon Brady has created 40 blog entries.

InBrief – Gross Misconduct and Fair Procedures


A care worker, who was dismissed by her employer for gross misconduct, has recently won a case of unfair dismissal, significantly in part, due to the former employer failing to adhere to a number of procedural processes prior to dismissal. According to submissions before the Workplace Relations Commission (“WRC”), the carer left an elderly man, [...]

InBrief – Gross Misconduct and Fair Procedures2019-01-28T11:38:07+00:00

InBrief – Proposed Ban on Zero-hour Contracts


Taoiseach Leo Varadkar has said the Government will outlaw zero-hour contracts (“ZHCs”) in almost all cases in new legislation which will be prioritised during this Dáil term. In a speech to employers' group IBEC, Mr Varadkar said the Government is committed to helping create good employment, with well-paying jobs, good conditions, and pension entitlements. He [...]

InBrief – Proposed Ban on Zero-hour Contracts2019-01-28T11:38:08+00:00

InBrief – Ryanair and Multi Jurisdictional Employees


Ryanair was dealt a blow in its legal battle to force employees across Europe to take disputes to the Irish courts after the European Court of Justice (“ECJ”) ruled that cabin crew based in other countries could pursue legal claims locally. Six former employees had each sought €20,000 (£17,800) in what they alleged included unpaid [...]

InBrief – Ryanair and Multi Jurisdictional Employees2019-01-28T11:38:08+00:00

Deviating from Disciplinary Procedures Pottle Pig Farm v Panasov


Introduction A recent and interesting decision by the Labour Court illustrates the implications for employers who fail to follow the required standard of fair procedures when dealing with disciplinary matters. Although the employer had, what the Court described as ‘comprehensive disciplinary procedures’ in place, by choosing to deviate from established procedural requirements they are now [...]

Deviating from Disciplinary Procedures Pottle Pig Farm v Panasov2019-01-28T11:38:08+00:00

The Right to Monitor Employee Digital Correspondence


Introduction An employer that monitored an employee’s personal correspondence on a company messaging account, broke European human rights law guaranteeing privacy, according to the European Court of Human Rights (“ECHR”), in a landmark decision that will influence how employers monitor their staff’s use of electronic communication at work. Background From 1 August 2004 until 6 [...]

The Right to Monitor Employee Digital Correspondence2019-01-28T11:38:08+00:00

Guidance Note for a WRC Adjudication Hearing


The following is a general guide for the structure and procedure of a WRC Adjudication Hearing. It is a matter for the Adjudication Officer to run the hearing/investigation as appropriate for the circumstances of the case and in accordance with fair procedures. At the start of the hearing the Adjudicator will welcome the parties and [...]

Guidance Note for a WRC Adjudication Hearing2019-01-28T11:38:08+00:00

InBrief – Unfair Dismissal and non-EEA Workers


The Employment Appeals Tribunal recently made a declaration that it had no jurisdiction to hear a claim by an ex retail employee, under the Unfair Dismissals Acts, because the former employee did not hold a valid employment permit at the time of his dismissal in May 2013. The former employee was hired by the employer [...]

InBrief – Unfair Dismissal and non-EEA Workers2019-01-28T11:38:08+00:00

InBrief – Recruitment Assessment Criteria


In the recent case of Genockey v The Governor and Company of the Bank of Ireland ([2017] IEHC 498), a candidate sought damages for breach of contract, misrepresentation, breach of warranty, wrongful dismissal, negligence and breach of duty of care, from a prospective employer, as a result of that prospective employer rescinding a job-offer, on [...]

InBrief – Recruitment Assessment Criteria2019-01-28T11:38:08+00:00