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November 2017 Industrial Relations Newsletter

Adare Human Resource Management

Established in 2003, Adare Human Resource Management are Ireland’s leading expert and provider of Employment Law, Industrial Relations (IR), Human Resource Management (HRM) and Health and Safety Services.
  • EMPLOYEE DISMISSED AFTER 8 YEARS ON PAID SUSPENSION

    Nov 22, 2017
    In this month’s Industrial Relations Newsletter we report on the recent Labour Court case (Ref: UD/17/6) in which a Social Care Worker was dismissed from employment by a Hospital having reportedly been placed on paid suspension for almost 8 years from July 2007 to May 2015, when the dismissal took place. The Labour Court case in point was an appeal against the decision of the Adjudication Officer by both parties to the claim, the Claimant and Respondent. From case papers it appears the Claimant appealed the decision of the Adjudication Officer to up hold the decision to dismiss, whilst the Respondent appeal related to a preliminary matter concerning the Court’s jurisdiction to hear the case because of claim time restrictions within the Act. The Court dismissed this preliminary item and the case proceeded on the basis of the Claimant ‘s appeal against dismissal, which was upheld at Adjudication, dated 29th November 2016, where the Adjudication Officer held that the complaint was not well founded.
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  • SIPTU FAIL IN PERFORMANCE PAY CHALLENGE

    Nov 22, 2017
    Traditionally trade unions have always sought and argued that merit, as it relates to service, tenure and seniority, trumps performance and commitment to ones job when it comes to reward. In respect to unions there is a traditional rationale as to why this has always been the case but strict observance to it is to ultimately be less competitive regardless of the Organisation. In the modern IR context a fair balance is required and this goes for the union Organisations themselves. So the recent Labour Court case of a SIPTU worker employed at Athy International Concentrates (Ref: CD/17/242) is an interesting case in point.
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