AOC Solicitors

Tony Molloy v Kaefer Limited (ADJ-00053834) is a recent unfair dismissal case that was before the Workplace Relations Commission (“WRC”). The Complainant brought the complaint under the Unfair Dismissal Acts 1977-2015 (the “Acts”) claiming his dismissal was both procedurally and substantively unfair. The Respondent denied this and claimed that his dismissal was necessary because it was impossible for the Complainant to continue in his role due to its client’s insistence that he be removed from their site.

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The employees were given until 4pm on 31st January 2025 to sign the contracts or be dismissed. At 4.01pm a notice was sent to the employees who did not sign the contract informing them that their employment had ceased. Neither Complainant signed the contract but both stated that they did not object to transferring. The Respondent acknowledged that the employees were not required to sign a new contract and could rely on their existing contracts in a TUPE transfer.

The question was whether the Respondent employer could properly equate signing the new contract with consenting to the TUPE transfer. Each Adjudicator analysed this question differently and came to different outcomes.

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The Labour Court recently considered an appeal of a Workplace Relations Commission (“WRC”) decision in Ann Britton v. Amcor Flexibles Ltd ADJ-00050138. The complaint was in relation to the Sick Leave Act 2022 (“the Act”). The WRC Adjudicator had found that the company sick pay scheme (“CSP scheme”) overall was not more beneficial than the Statutory Sick Pay scheme (“SPS scheme”) and on that basis awarded the Complainant compensation of €1,000. The Respondent appealed this decision to the Labour Court who ultimately upheld the decision of the WRC.

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The Complainant commenced employment with the Respondent as a prison officer in 2008. In May 2017 while working for the Respondent, the Complainant suffered multiple injuries as a result of a serious assault by a prisoner. Since the incident the Complainant has suffered with chronic and ongoing back pain requiring her to undergo specialist treatment.

She has been medically advised that she is not fit for manual duties and that she should return to work in an office-based capacity. The Complainant has not returned to work since this incident and has remained on sick leave since 2017.

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