Why Seeking Professional Advice Can Make or Break Your Workplace Claim
Introduction
When employees face workplace disputes—whether related to unfair dismissal, contract violations, or pay issues—it's crucial to identify the strongest possible claims and ensure the right evidence is gathered. Without proper guidance, employees often focus on claims that are difficult to prove, while overlooking stronger legal protections that could yield better results.
This case study examines Workplace Relations Commission (WRC) case ADJ-00052654, where the complainant missed key legal arguments that could have improved his case. It highlights the importance of professional advice, explains how the burden of proof affects claims, and provides practical tips to strengthen a case.
Background of the Case: What Went Wrong?
The complainant, Mr. Bovkun, a Ukrainian national, took a case against his former employer, Morbiz Ltd t/a Charlestown Lodge, bringing forward three complaints:
- Unfair dismissal (claim rejected due to insufficient service time).
- Failure to provide terms of employment (claim upheld, and he was awarded €1,000).
- Discrimination based on race (claim dismissed due to lack of clear evidence).
While his claim regarding lack of terms of employment succeeded, his unfair dismissal claim failed due to less than 12 months' service, and his discrimination claim lacked sufficient supporting evidence.
Had he received proper legal guidance, he could have focused on stronger claims that had a higher chance of success and yielded a better outcome.
Missed Legal Avenues: The Stronger Claims That Could Have Been Pursued
1. Penalisation Claim – Retaliation for Raising Concerns
💡 Why This Would Have Been Stronger:
Mr. Bovkun raised concerns about his pay and contract, and shortly
after, his employment was terminated. This suggests retaliation
for asserting a protected employment right.
📌 Stronger Legal Avenue:
Under the Employment (Miscellaneous Provisions) Act 2018, an employee does
not need 12 months' service to claim penalisation if they were
dismissed for asserting their statutory rights (such as pay concerns or
requesting a contract).
⚖️ Burden of Proof Advantage:
If an employee can show that they raised an issue (such as pay concerns) before
being dismissed, the burden shifts to the employer to prove the
termination was unrelated.
➡️ This makes it harder for the employer to defend than a standard
unfair dismissal claim.
2. Fixed-Term Worker Protections – Was His Contract Terminated Properly?
💡 Why This Would Have Been Stronger:
If Mr. Bovkun was on a fixed-term contract, his contract's duration
and terms should have been documented. However, his employer failed to
provide written terms, leaving room to challenge whether his dismissal
was lawful.
📌 Stronger Legal Avenue:
Under the Protection of Employees (Fixed-Term Work) Act 2003, if an
employer terminates a fixed-term contract improperly or without due process,
the employee may be entitled to compensation for unfair dismissal, even
without 12 months of service.
⚖️ Burden of Proof Advantage:
Since the employer did not provide written terms, they would struggle
to prove that the contract was properly concluded.
➡️ This weakens the employer's defense significantly.
Why Some Claims Aren't Worth Pursuing
In WRC case ADJ-00052654, Mr. Bovkun also pursued a discrimination claim based on race, alleging he was paid less than others due to his nationality. This claim was dismissed because it lacked clear comparative evidence.
💡 Lesson: Choose Claims That Are Easier to Prove
While discrimination cases can be successful, they require comparative
evidence that may not always be available. In this case:
- A penalisation claim (retaliation for raising pay concerns) would have been easier to prove.
- A fixed-term worker claim could have created legal challenges for the employer due to missing contract terms.
Sometimes, pursuing a difficult-to-prove claim (like discrimination) can distract from stronger legal claims that are more likely to succeed. Strategic claim selection is key to achieving the best result.
Key Takeaways: What Employees Can Do to Strengthen Their Case
- Keep Written Records of Everything
- Ensure You Request Your Terms of Employment in Writing
- Know That Not All Claims Require 12 Months' Service
- Don't Pursue Every Possible Claim – Focus on What You Can Prove
- Get Professional Advice Before Filing a Case
Final Thoughts: Why Seeking Advice Matters
Case ADJ-00052654 highlights why it's critical to get professional advice before filing a workplace claim. A well-prepared case identifies the strongest legal avenues, shifts the burden of proof to the employer, and increases the chances of a successful outcome.
If you are experiencing a workplace dispute, don't risk missing stronger legal arguments—speak to a WorkplaceDisputes.ie advisor today to ensure you pursue the right claims with the right evidence.
📞 Contact us today for expert support and guidance.