Northern Ireland’s Court of Appeal has determined that there was procedural unfairness in refusing to allow witnesses to remain seated during a tribunal hearing while providing seats for pupil barristers. The court found that although pandemic restrictions were the cause of the occupancy limit
Employment
Matheson partner Geraldine Carr and senior associate Denise Moran examine a recent decision involving workplace sexual harassment and consider the key learnings and takeaways for employers. A recent sexual harassment decision (O'Brien v Deadline Direct Ltd t/a Deadline Couriers - ADJ-00036160), wher
The High Court has ruled that a prison officer in the Irish Prison Service was not entitled to legal representation at a disciplinary hearing. The officer was facing allegations of improper conduct including that he made inappropriate contact with the wife of a prisoner and made threats against a pr
The Spanish government has banned outdoor work during heatwave conditions after a notably warm spring following last year's record summer temperatures. Commenting on the move, Labour and Social Economy Minister, Yolanda Díaz, said: "Climate change has intruded into people's daily lives. It's
More cases brought before the Workplace Relations Commission (WRC) are being resolved with the use of mediation, according to its annual report for 2022. There was a 30 per cent increase in parties willing to engage in mediation in 2022, during which the WRC broadened its service model to deliver me
Legislation providing increased protections for employees in a collective redundancy situation following their employer's insolvency is to be drafted as a priority, the government has announced. Ministers yesterday approved the priority drafting of the Plan of Action on Collective Redundancies follo
Northern Ireland legislators should "proceed with caution" to ensure that any new legislation tackling discrimination and inequality in the workplace builds on the success of the fair employment laws introduced three decades ago, the Equality Commission for Northern Ireland has said. The watchdog to
Judicial mediation will be offered in cases brought before Northern Ireland's Industrial Tribunals and Fair Employment Tribunal in a bid to speed up resolutions. A form of alternative dispute resolution, judicial mediation involves an employment judge acting as an impartial mediator and helping the
The High Court has held that the parents of a child who was awaiting a decision on his international protection status did not have the right to work in the State while the application was being processed. It was said that the child had the right to access the labour market and that this could be ef
An increase in the limits for payments and awards to workers in employment rights cases in Northern Ireland will take effect next month. From 6 April 2023, the limit on the compensatory award for unfair dismissal will rise from £94,063 to £105,915, while the maximum amount of "a week&rsq
A woman who complained of sexual harassment and victimisation after a staff Christmas party has been awarded £18,857 by the Industrial Tribunal. Shirley Lyons, who worked as a designer/sales consultant with Starplan in Portadown from June 2013 until April 2018, was supported by the Equality Co
Northern Ireland’s High Court has allowed a judicial review application brought by a serving police constable seeking to prevent a disciplinary hearing into allegations of gross misconduct. The court found that judicial review here was appropriate, despite the fact that there were alternative
Northern Ireland’s Court of Appeal has reduced an award made by an Industrial Tribunal in a sexual harassment claim by nearly £20,000. The court found that the award was excessive given the short nature of the employment, the lack of evidence relied on by the tribunal, and examples of &l
Northern Ireland's Court of Appeal has ruled that the Industrial Tribunal was correct in using special measures to protect a schoolgirl who made a claim of sexual harassment against her former employer. Alona Forose launched a sexual harassment and discrimination case with support from the Equality
Controversial legislation requiring trade unions in certain public services to ensure a minimum level of service during strike action has moved closer to becoming law. The Strikes (Minimum Service Levels) Bill, which will affect the likes of rail, ambulance and fire service workers, was approved in