Been to Labour Court?

neris

Just wondering if anyone here has been to the labour court as an employer. Also did you win your case and if so did you have to make any payments? Could be on the way there and think we might win the case but looking through lrc website they seem to have found in favour of the employer but forced the employer to make a payment to employee

AndyJB

neris wrote: »

Just wondering if anyone here has been to the labour court as an employer. Also did you win your case and if so did you have to make any payments? Could be on the way there and think we might win the case but looking through lrc website they seem to have found in favour of the employer but forced the employer to make a payment to employee

Hi,
Bad luck on having to go down that route!

I presume its a staff sacking or similar, make sure you bring copies of any minutes of meetings you've had with employee. Take copies of the employees signed contact and agreed job specs. Also take any attendance records you may have for them. If you kept a diary of events take it.

Make sure you have everything fully and clearly documented. If necessary bring multiple copies and sort one set by date and the other by the events in question. So you're not shuffling through papers when something is needed. Were Gardai involved? Take any documents from them you have.

Put a call into ISME I'm sure they'd be happy to give you some advise even if you're not a member. I'd also put a call into SIPTU asking similar questions as if you were an employee. Forearmed and all that!

Don't forget to speak with your solicitor on the matter asap if not already done.

I can't add anything further.

Best of luck.

trad

I attended one as an expert witness on behalf of an employer. First thing struck me is that it was unsworn testomony.

When I pointed out mistakes and errors in the applicants submission it was shrugged off by his representative with " I did it late last night and there might be mistakes in it."

You will have to show what code of conduct you followed and when the employee was given this as part of their terms and conditions of employment. My client fell down on this as all dealings with the applicant were verbal.

HellFireClub

The Labour Court and the LRC isn't a judical court. You can't compel witnesses to attend, in fact as an employer, you are not legally obliged to attend yourself. It's an invitation and the matter is "resolved", by way of a recommendation as opposed to a legally binding decision.

It's not actually a court at all, it's a forum for possibly mediating out problems where both parties agree to engage with the process.

BeeDI

The whole process is a SHAM!!!

The LC, just wants everybody to come half way from respective positions, shake hands and call it quits. Then LC issues recommendations, which both sides sign up to. Another glorious victory for the wise heads in the LC.

Bottom line .............. be tough, tough, tough. Stand up to the "pressure" to agree to some old waffle wording to make everybody feel equally treated.
If you as an employer are fairly right in your position, stick to your position.
If you don't you will become a regular at the LC, listening to BS.

MissJustice

I am currently taking my employer to The Labour Court, The Equality Tribunal, and The High Court

I have 3 separate cases against my employer. Hence, my username!