Employment Law - Employment rights of part-time workers
Employment Equality Law – Discrimination and Constructive Dismissal
The client attended the Community Law and Mediation Northside free legal advice clinic in relation to his compulsory retirement from his employment on health grounds. He was no longer able to perform his driving duties as a driver for a large transport company; because of an injury he suffered which resulted in health problems. We took a claim on his behalf to the Workplace Relation Commission, on the grounds that he was discriminated against by his employer because they did not help him to return to work in alternative employment. The client told his employer that he was willing to do another job within the company but he was told there was nothing available. We argued on his behalf that the company could not show that they did everything they reasonably could to try and accommodate him.
The client attended Community Law and Mediation’s advice clinic in relation to her dismissal from her employment. She had been working as a cleaner in the same premises for almost 10 years under different management from various companies. Whenever the company managing the cleaning of the premises changed, the client’s employment would be transferred to the new company. After one such
transfer in 2010, the client was not kept on as an employee. This was surprising to the client as she was told by her previous employer that her employment rights and position would be transferred to the new contracting company. However, the new company informed her that they would not be taking on employees of the previous company and had no obligation to do so.
This client initially presented at CLM’s free legal advice clinic.
This clientinitially presented at CLM’s free legal advice clinic. The client was employed at a hotel and was experiencing difficulties at his place of work. It was suggested that he consider retirement.