Sean Ormonde & Co., Solicitors

Sean Ormonde & Co., Solicitors We help businesses and individuals resolve employment disputes and provide legal advice in all commercial areas as well as on private client matters.

A trusted name in Law, providing outstanding legal advice to individuals and businesses throughout Ireland including advice and representation on all areas of law including employment law, commercial law, litigation, conveyancing and data protection. Call Now on 051 841 641 for a no obligation free consultation.

A serious report of potential wrongdoing requires a proper response. But it does not prevent an employer from making leg...
15/09/2026

A serious report of potential wrongdoing requires a proper response. But it does not prevent an employer from making legitimate business decisions for genuine reasons.

A phone-shop employee has been awarded €10,800 after the WRC found that his dismissal by reason of redundancy was unfair.

The case arose after the employee raised concerns with a company director about what he believed were irregular practices by his store manager.

The employee alleged that phone-case sales were being recorded as repair jobs, allowing the manager to claim maintenance bonuses.

The Adjudication Officer said the report had the “hallmark of a protected disclosure.”

Three days later, the employee received a redundancy letter.

The employer said the business was facing an ongoing financial crisis and needed to reduce labour costs.

Importantly, the WRC accepted that the company may genuinely have been experiencing trading difficulties.

But its concern centred on the process that followed.

According to the reported decision:

▪️ There was no meaningful consultation
▪️ The employee received insufficient advance notice
▪️ Alternatives to dismissal were not properly considered
▪️ The redundancy followed only three days after the employee raised concerns about his manager
▪️ The concerns raised would ordinarily have warranted an appropriate investigation

The employee was awarded €10,800, representing 20 weeks’ loss of earnings.

For employers, the lesson extends beyond this particular case:

A genuine financial problem does not automatically make a redundancy fair.

A workplace complaint does not automatically prevent redundancy.

And a legitimate business decision still needs its own evidence, chronology and fair process.

Where an employee has recently raised concerns about potential wrongdoing, employers should be particularly careful to show when the restructuring began, why the particular role was affected, what consultation took place and what alternatives were considered.

The redundancy decision should be capable of standing on its own, independently of the complaint that came before it.

We’ve examined the decision and the key lessons for employers in our latest article.

Read more on the Ormonde Solicitors website.
https://www.ormondesolicitors.ie/employee-reports-wrongdoing-then-faces-redundancy-e10800-wrc-award/

Employee announces pregnancy. Eight days later, a substantial reduction in working hours is proposed.Can the employer pr...
14/09/2026

Employee announces pregnancy. Eight days later, a substantial reduction in working hours is proposed.

Can the employer prove the two events are unrelated?

A recent WRC decision provides an important lesson for employers.

A dental assistant has been awarded €10,000 after the WRC found that she had been discriminated against on the gender ground arising from pregnancy.

The employer argued that the practice was facing genuine financial difficulties and undergoing restructuring.

Importantly, the WRC accepted that those financial difficulties were genuine.

But that was not enough.

The WRC identified problems including:

▪️ The close timing between the pregnancy disclosure and proposed reduction
▪️ The recent issue of an 18-hour contract
▪️ Evidential gaps around when the reduction had actually been planned
▪️ Important witnesses not being called
▪️ Lack of evidence showing comparable treatment of other staff
▪️ Job advertisements appearing while the employee's hours were being reduced

The employer ultimately failed to rebut the inference of discrimination.

WRC Ref: ADJ-00054622

For employers, the lesson is straightforward:

If the restructuring really started before the pregnancy announcement, be able to prove it.

Contemporaneous documents, consistent treatment, clear decision-making and appropriate witnesses can become critical when timing raises a question about motive.

Read our full employer analysis on the Ormonde Solicitors website.
https://www.ormondesolicitors.ie/pregnancy-disclosure-followed-by-hours-cut-e10000-wrc-award/

An employee raises a health and safety concern.Can the employer still discipline them?Yes — potentially.But a recent Lab...
11/09/2026

An employee raises a health and safety concern.
Can the employer still discipline them?

Yes — potentially.

But a recent Labour Court decision shows how risky that situation can become if the disciplinary process overlaps with a protected safety complaint.

In a case involving the National Council for Special Education, the Labour Court awarded €33,000 to an employee who argued she was penalised after raising concerns about being required to arrange in-person school visits during the Covid-19 period.

For employers, the case highlights several important points:

▪️ A health and safety complaint can attract legal protection
▪️ Disciplinary action may be challenged as penalisation if linked to that complaint
▪️ A flawed investigation can seriously weaken the employer’s position
▪️ Prejudgment by a decision-maker is particularly dangerous
▪️ If motive is disputed, witness evidence may be critical
▪️ Ignoring an appeal recommendation can create further risk

The wider lesson?

If a disciplinary process follows a safety complaint, the employer must be able to show that the action taken was genuinely based on objective conduct issues — not on the complaint itself.

We have examined the employer lessons from the decision in our latest article.

Read more here:
https://www.ormondesolicitors.ie/disciplining-an-employee-after-a-safety-complaint-labour-court-awards-e33000/

Happy Birthday Sean! 🎉🥳Wishing Sean a very Happy Birthday from all of us at Ormonde Solicitors! 🎂Have a brilliant birthd...
10/09/2026

Happy Birthday Sean! 🎉🥳

Wishing Sean a very Happy Birthday from all of us at Ormonde Solicitors! 🎂

Have a brilliant birthday, Sean! 🎈🍾🎉

Received a WRC complaint? There is one issue employers sometimes overlook: the hearing may be public.A current WRC case ...
09/09/2026

Received a WRC complaint? There is one issue employers sometimes overlook: the hearing may be public.

A current WRC case has brought that point back into focus after an application to have proceedings involving a senior manager heard privately and the eventual decision anonymised was refused.

Importantly, the underlying unfair-dismissal claim has not yet been decided. The significance for employers is the procedural point.

WRC employment and equality hearings are generally public unless an Adjudication Officer decides that special circumstances justify privacy.

And concern about damage to an employer's reputation does not automatically meet that threshold.

That means a WRC case may involve:

▪️ A public hearing
▪️ Witness evidence
▪️ Internal decisions being examined
▪️ Employment records being relied upon
▪️ A published decision naming the parties

For employers, the practical lesson is simple:

Prepare as though the process may ultimately be scrutinised publicly.

Review the claim.
Preserve the evidence.
Build the chronology.
Identify the witnesses.
Examine the procedure.
Assess the exposure.
Then decide whether the right strategy is defence, mediation or resolution.

The hearing date is too late to start building the defence.

Read our full employer analysis on the Ormonde Solicitors website.
https://www.ormondesolicitors.ie/wrc-hearings-are-public-what-employers-need-to-know/

🎉 Happy Birthday Melissa! 🎉Wishing Melissa a very Happy Birthday from everyone at Ormonde Solicitors! 🥳We hope you have ...
08/09/2026

🎉 Happy Birthday Melissa! 🎉

Wishing Melissa a very Happy Birthday from everyone at Ormonde Solicitors! 🥳

We hope you have a brilliant day filled with plenty of celebrations, cake and all the good things you deserve. 🎂✨

Enjoy your day, Melissa! 💛

Employee damages company or customer property — can you deduct the repair cost from their wages?Not automatically.A rece...
07/09/2026

Employee damages company or customer property — can you deduct the repair cost from their wages?

Not automatically.

A recent WRC decision provides a useful warning for employers.

A courier accidentally damaged a customer's garage door during a delivery.

His employer subsequently deducted €305 from his wages towards the repair cost.

The WRC ultimately ordered the money to be repaid after accepting the employee's uncontested evidence that:

▪️ His contract did not authorise the deduction
▪️ He had not consented to it

WRC Ref: ADJ-00062491

The wider lesson is important.

Under the Payment of Wages Act, deductions connected with an employee's act or omission can be subject to specific requirements concerning:

Contractual authority

Advance written notice

Fairness and proportionality

Evidence of the actual loss

The amount being deducted

So even where an employee has caused genuine damage:

Don't deduct first and check the contract later.

We've examined the decision and what employers should check before making deductions from wages in our latest article.

Read more on the Ormonde Solicitors website.
https://www.ormondesolicitors.ie/can-employers-deduct-pay-for-employee-damage-wrc-case/

What actually happens when employers agree to mediate a WRC claim?The WRC has now given us some unusually useful data.It...
03/09/2026

What actually happens when employers agree to mediate a WRC claim?

The WRC has now given us some unusually useful data.

It analysed 1,000 pre-adjudication mediations from 2025 — looking at what settled, what didn't, settlement amounts, representation and how long the process took.

Some of the figures stand out:

▪️ 67.2% of telephone mediations settled
▪️ 56% of unfair dismissal disputes settled
▪️ Unfair dismissal accounted for 29.9% of complaint areas mediated
▪️ The overall median financial settlement was €6,000
▪️ 86% of mediations concluded within a half-day
▪️ In 70.6% of non-resolutions, mediators considered the parties simply too far apart financially

That last figure is particularly useful for employers.

If you're going into mediation, do the case valuation before you enter the room.

Know:

What is our evidence?

Where are our weaknesses?

What is the realistic exposure?

What would continuing to adjudication cost?

What settlement authority do we have?

Are there non-financial solutions worth exploring?

Mediation doesn't mean an employer has to settle.

But it should allow the business to make an informed decision about whether resolution is commercially and legally preferable to proceeding to a public hearing.

We've looked at what the WRC's analysis of 1,000 cases tells employers in our latest article.

Read more on the Ormonde Solicitors website.
https://www.ormondesolicitors.ie/what-1000-wrc-mediations-tell-employers-about-settling-claims/

An employee raises concerns about wrongdoing. Ten days later, their employment ends.Can the employer prove the two event...
02/09/2026

An employee raises concerns about wrongdoing. Ten days later, their employment ends.

Can the employer prove the two events are unrelated?

That question sits at the centre of a significant new Labour Court decision.

Fish Shack founder Padraic Hanley has been awarded €75,549 following a five-year employment law dispute.

The Labour Court found that four communications made by Mr Hanley amounted to protected disclosures.

Those included concerns relating to:

▪️ A proposed cash-in-hand payment
▪️ Operating during an orange weather warning
▪️ The use of an allegedly unregistered contractor for a gas leak
▪️ A further workplace management issue

Mr Hanley was laid off on 19 March 2020 on the stated basis of the Covid-19 pandemic.

The Labour Court ultimately found that but for the protected disclosures, his employment would not have been terminated.

For employers, there is an important distinction.

Making a protected disclosure does not prevent an employee from later being disciplined, made redundant or dismissed for legitimate reasons.

But where another employment decision follows a disclosure, employers need to be able to show:

Why was the decision made?
When was it first contemplated?
Who made it?
What evidence supported it?
Would exactly the same decision have been taken if the employee had never spoken up?

This case travelled from the WRC to the Labour Court, then to the High Court and back to the Labour Court before reaching this outcome.

A workplace decision made today can be scrutinised years later. Document the reason at the time.

We've examined the decision and the practical lessons for employers in our latest article.

Read more on the Ormonde Solicitors website.
https://www.ormondesolicitors.ie/labour-court-2025-report-key-lessons-for-irish-employers-copy/

What are Irish employers most likely to end up fighting about at the Labour Court?The Labour Court's newly published 202...
01/09/2026

What are Irish employers most likely to end up fighting about at the Labour Court?

The Labour Court's newly published 2025 Annual Report gives us a useful indication.

During 2025 it received 992 appeals and referrals.

Of those:

775 — 78% — were employment rights appeals.

Two areas stood out in particular:

▪️ 151 Employment Equality appeals
▪️ 147 Unfair Dismissal appeals

Unfair dismissal appeals were also up 9% on the previous year.

There is another important point.

Although the overall number of cases fell by 11%, the Labour Court says its workload has not necessarily reduced because the cases coming before it are becoming more complex and requiring more sitting time.

For employers, the lesson isn't simply about what happens when a case reaches the Labour Court.

It is about what happens months earlier in the workplace.

Was the investigation properly documented?

Was the employee given an opportunity to respond?

Was the decision proportionate?

Were equality implications considered?

Can the employer explain why the decision was made?

The best defence to an employment claim usually starts before there is a claim.

We've looked at the figures and the practical lessons for employers in our latest article.

Read more on the Ormonde Solicitors website.
https://www.ormondesolicitors.ie/labour-court-2025-report-key-lessons-for-irish-employers/

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