First published on Wednesday, May 28, 2025
Last updated on Wednesday, May 28, 2025
Welcome to HR Heartbeat, where we take a look at the week’s most pressing HR and employment law stories. With over a decade of experience as a solicitor working in employment law, I give my opinion on current trends impacting your business, as well as my own personal commentary on all things HR and legal.
Constructive dismissal claim over ‘four-minute break’ dismissed
A WRC tribunal has rejected a claim for constructive dismissal made by an employee who quit after receiving a written warning for “work avoidance”. The incident in question? Four minutes of unexplained computer inactivity.
The worker, who had been with the company for nearly seven years, said he was dealing with serious personal loss at the time and called the warning “the final straw”. The tribunal acknowledged the difficult circumstances but found no evidence that eBay, the employer, had acted unlawfully. However, it’s fair to say that the case may raise some eyebrows, given the long service record, the nature of the warning, and the worker’s personal challenges.
Yes, performance management matters, but so does a bit of flexibility. Loyalty and cohesion can go a long way in fostering a better workforce.
Don’t be late to your tribunal
A WRC case against a west Dublin charity was dismissed this week—not on legal grounds, but because the employee turned up late. The worker had lodged multiple employment rights complaints but arrived 30 minutes after her scheduled hearing time. The adjudication officer noted that, with no evidence presented and the employer ready and waiting, the matter had to proceed without her. Unsurprisingly, all claims were thrown out.
As someone who’s worked in employment law for over a decade, I can tell you: timelines in tribunal proceedings are strict. Procedural missteps can be fatal to a claim. For employers and employees alike, this case presents one simple lesson. Stay sharp, document everything, turn up on time, and always take claims seriously. You never know which way a case might turn. Or in this instance, not turn up at all.
Karen’s Diner loses third WRC case over unpaid tips
A former employee of Karen’s Diner in Dublin has won €796 in unpaid tips at the WRC—the third ruling of its kind against the chain this year. The staff member said she went six months without receiving her share of service charges, despite a written policy promising distribution.
The adjudicator described her evidence as compelling and noted a wider “unease among staff” about missing gratuities. It brings the total awarded to ex-staff to over €2,000, with similar rulings already made in favour of two other employees.
Business owners, especially if you’re coming from hospitality: if you promise to share tips you follow through—and be transparent about how they’re handled. Disorganised systems and delays can quickly erode trust and lead to claims. Keep your house in order, communicate clearly, and make sure your payments practices match what’s in writing.
And that’s a wrap from me. Tune in next time for my take on the latest headlines and employment law stories, helping keep your business ahead!
