News from the courts!

  • Flawed’ sexual harassment investigation leads to constructive dismissal: A waitress – who quit her job in frustration over her employer’s handling of sexual harassment allegations brought by her – has been awarded €20,000 by the Employment Appeals Tribunal.


  • Employee can take High Court action while at EAT stage: The High Court has ruled that an employee at an archaeological consultancy may initiate High Court proceedings against her former employer, despite having also taken a claim to the Employment Appeals Tribunal.


  • Cash office worker made ‘significant contribution’ to his dismissal: A north Dublin supermarket failed to carry out a full and fair investigation into allegations of dishonesty made against a cash office employee, the Employment Appeals Tribunal has concluded.

However, the Tribunal ruled that the respondent, JC Savage Supermarket Ltd, should pay just €2,000 in compensation to the claimant, despite its conclusion that the employee in question was unfairly dismissed. In its view, the award had to take account of the “significant contribution that the claimant made to his dismissal”.

The claimant worked in the cash office of the respondent’s supermarket in Swords between 2003 and 2010. Three other employees also worked in the cash office. One of the claimant’s jobs consisted in reconciling the contents of the cash boxes from the tills. Takings are categorised separately as cash, credit card, cheque, money off voucher and saving stamps. Any discrepancies between the total on the till and that in the cash box should be reported to the Financial Controller, FC.

For more details on any of these cases or if you need advice on any third party intervention or an employee relations issue, please contact us on 01 5252914 or for support and advice.