Case Studies

Below are some of the most recent cases from the WRC in which the business lost, due to not having any knowledge in the Areas of HR or Employment Law.

CASENO. MN51/2015

Joseph Walsh V Luigi's Takeaway

Joseph Walsh took a claim against Luigi's Takeaway under the MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACTS, 1973 TO 2005, The claimant sought an award of two weeks’ pay as his entitlement to compensation for having been unfairly dismissed without notice. On the uncontested evidence of the claimant, the Tribunal allows the claim under the Minimum Notice and Terms of Employment Acts, 1973 to 2005, and awarded the claimant the sum of €500.00 (this amount being equivalent to two weeks’ gross pay at €250.00 per week) under the said legislation.

How having Athru Solutions could have helped in this case:

  1. We would have advised against dismissal without notice, as we recommend to adhere to all minimum notice outlined in the above act.
  2. Luigi's Takeaway never showed up to the WRC to argue their case, Athru Solutions would have taken care of the WRC and all paper work that goes with it.

Above case could have been avoided had Luigi's Takeaway had an outsourced HR Consultant such as Athru Solutions. 

CASE NO: UD717/2015

Justin Doyle V Viking Hotel

Justine Doyle took a claim under the UNFAIR DISMISSALS ACTS 1977 TO 2007, for unfair dismissal relating to Justine's issues with Time keep and Clocking in and out. Based on these facts, the Viking Hotel issued a summary dismissal for Justine on the spot without following any procedures outlined in their Company Handbook not understanding that summary dismissal does not mean a dismissal without the need to follow fair procedures; it means a dismissal, following fair procedures, without notice.

The EAT then found that the claimant was unfairly dismissed and his claim under the Unfair Dismissals Acts 1977-2007 succeeds and the Tribunal awards the claimant an amount of €10,666.68 as compensation for unfair dismissal. Stating "There was a complete lack of procedures, fair or otherwise, in effecting the dismissal."

How having Athru Solutions could have helped in this case:

  1. If Athru Solutions had have been Viking Hotels HR consultant, we would have advised all the steps that need to be adhered to during dismissal, which include - verbal warning, written warning, final written warning, Dismissal.
  2. Athru Solutions always maintain that an employee should be give all chances to improve before dismissal, so Athru Solutions would have advised instead of terminating Justine's employment, that The Company speak to the employee about time keeping and advise that poor performance continued, Justine may be subjected to disciplinary action outlined in their employee handbook.

Above case could have been avoided had Vikings Hotel had an outsourced HR Consultant such as Athru Solutions.