Dublin Bus loses appeal against circuit court order directing it to release CCTV footage in personal injury claim

In a decision made available on the courts website on 8th August 2012, the High Court dismissed an appeal by Dublin Bus against a circuit court order requiring it to release CCTV footage to an individual who brought a personal injury claim against Dublin Bus in relation to an alleged [...]

By |2019-10-18T10:16:20+00:00August 31st, 2012|data protection, High Court|Comments Off on Dublin Bus loses appeal against circuit court order directing it to release CCTV footage in personal injury claim

California becomes third state to pass legislation banning employers seeking social networking passwords

It has been reported that California is now the third state to pass legislation banning employers from requesting or requiring the social-networking passwords of employees and applicant as highlighted in the very informative Delaware Employment Law Blog http://www.delawareemploymentlawblog.com/2012/08/california-is-now-the-third.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+blawgs%2FNZgVCom+(Delaware+Employment+Law+Blog). From previous posts, Maryland was the first state to pass a social media [...]

By |2019-10-18T10:16:20+00:00August 31st, 2012|Passing Off, social media|Comments Off on California becomes third state to pass legislation banning employers seeking social networking passwords

High Court quashes €92,000 award to Pakinstani Chef whose employment contract without an employment permit was substantively illegal

It has been reported in the Irish Times today that the High Court has quashed a €92,000 award made to a Pakistani chef which had been the subject of much media attention after the Labour Court judgement of 9th September 2011. An original Rights Commissioner decision No. r-095000-mw-10/MMG of 31st March 2011 [...]

Pregnancy related dismissal – Tribunal notes “Respondent’s procedures were defective and could be said to be crude”

In the case of Aylamba Chocken v The Fitzpatrick Club Limited UD 1992/2010, MN 1993/2010 sent on 23rd August 2010, it was alleged that the Claimant, a casino dealer/croupier, had been dismissed without notice when she became pregnant after being employed by the Respondent from 27th August 2009 to 29th April 2010. The [...]

By |2019-10-18T10:16:20+00:00August 29th, 2012|Employment Appeals Tribunal Decisions 23rd August 2012, Pregnancy at Work, Unfair Dismissal|Comments Off on Pregnancy related dismissal – Tribunal notes “Respondent’s procedures were defective and could be said to be crude”

Court of Justice upholds Compulsory Retirement Age of 67 in Sweden

In this case (Hornfeldt v Posten Meddelande) the Claimant worked for the postal service in Sweden until he reached 67 when his employment was terminated in accordance with the Swedish national retirement age. The Claimant was concerned that his pension earned by age 67 was not sufficient and he wanted to work for a number [...]

By |2019-10-18T10:16:20+00:00August 28th, 2012|Equality, retirement age|Comments Off on Court of Justice upholds Compulsory Retirement Age of 67 in Sweden

EAT Decisions sent 23.08.12 – Constructive Dismissal – Employer guilty of conduct amounting to significant breach of contract

In the case of Michael Murray v Rockabill Shellfish Limited UD 1832/2010, the Employment Appeals Tribunal restated the test for constructive dismissal and found in the Claimant's favour. In this case the Claimant commenced employment on 16th August 1993 and was initially a skipper on board the Respondent's boat and later became [...]

By |2019-10-18T10:16:20+00:00August 28th, 2012|Constructive Dismissal, Employment Appeals Tribunal Decisions 23rd August 2012, Unfair Dismissal|Comments Off on EAT Decisions sent 23.08.12 – Constructive Dismissal – Employer guilty of conduct amounting to significant breach of contract

EAT Decisions sent 23.08.12 – Fixed term employee and redundancy – cessation of purpose of role

In the case of Nora Doyle v Department of Education and Donard National School UD 390/2012, RP 681/2011 the claim of unfair dismissal was withdrawn at the outset and the case focused on the issue of redundancy and entitlements when employment for a particular purpose ceased. Background The Principal of the [...]

By |2019-10-18T10:16:20+00:00August 27th, 2012|Employment Appeals Tribunal Decisions 23rd August 2012, Fixed Term Workers, Redundancy|Comments Off on EAT Decisions sent 23.08.12 – Fixed term employee and redundancy – cessation of purpose of role

Fanning v Myerscough 2012 IEHC 128 – Accident at Work and test for Contributory Negligence when breach of statutory duty

This case (judgement  delivered on 27th March 2012) concerned an accident which occurred on 4th March 2008 in the course of the Plaintiff's employment with the Defendant. The Plaintiff sustained an injury to his foot as he was descending from the tractor in which he was working. It was reported [...]

By |2019-10-18T10:16:20+00:00August 24th, 2012|Accident at Work, Health and Safety Law|Comments Off on Fanning v Myerscough 2012 IEHC 128 – Accident at Work and test for Contributory Negligence when breach of statutory duty

Social Privacy Bill passed by Californian Senate this week

On Tuesday of this week, the Californian Senate unanimously passed the Social Privacy Bill which will prohibit Colleges and Universities from requesting access to student's social media accounts. Governor Jerry Brown has until 30th September 2012 to sign or veto the Bill. As outlined in my recent blog posts, there [...]

By |2019-10-18T10:16:21+00:00August 24th, 2012|Privacy, social media|Comments Off on Social Privacy Bill passed by Californian Senate this week

E.A.T decision sent 23.08.12 – Tesco in the firing line for procedural errors in dismissal including reliance on circumstantial evidence

Amongst the decisions sent by the Employment Appeals Tribunal yesterday 23rd August includes the appeal of Ingrid Vasiova in respect of the Rights Commissioner decision dated 29th June 2010 (reference r-084585-ud-09/RG) concerning her employer Tesco (Ireland) Limited t/a Tesco Distribution (UD 1514/2010). The dismissal arose in this case from the disappearance of 15 MP3 players [...]

By |2019-10-18T10:16:21+00:00August 24th, 2012|Employment Appeals Tribunal Decisions 23rd August 2012, Unfair Dismissal|Comments Off on E.A.T decision sent 23.08.12 – Tesco in the firing line for procedural errors in dismissal including reliance on circumstantial evidence

US Court rules Vatican cannot be held legally liable for activities of Irish priest

Interesting report in the Irish Independent today whereby a US District Court has held that the Vatican cannot be held legally liable for the activities of a paedophile Irish priest. An alleged victim of the now deceased priest sought to have liability imposed on the Vatican on the basis that senior [...]

By |2019-10-18T10:16:21+00:00August 22nd, 2012|Employee v Self Employed|Comments Off on US Court rules Vatican cannot be held legally liable for activities of Irish priest

Interesting statistics from the World Intellectual Property Organisation (“WIPO”)

A World Intellectual Property Organization publication provides an overview of intellectual property (IP) activity based on the latest available year of statistics (2010). The report covers patents, utility models, trademarks and industrial designs and focuses on application data only, which is the most often used measure of IP activity. Over [...]

By |2019-10-18T10:16:21+00:00August 9th, 2012|Intellectual Property|Comments Off on Interesting statistics from the World Intellectual Property Organisation (“WIPO”)

EAT Decisions sent 02.08.12 – Claimant not unfairly dismissed but Tribunal critical of Ryanair’s procedures at investigation meeting

The decision of Davide Colli v Ryanair Limited UD 193/2010 sent last week makes for interesting reading. The case concerned the dismissal of the Claimant as a result of the carrying out of an audit on the performance by the Claimant of his duties as No. 1 Cabin Crew or Cabin Crew Supervisors. [...]

Brennan’s packaging “confusingly similar” to McCambridges – 48 hours to change packaging

Brennans recently lost their appeal against a High Court ruling that its brown bread packaging was confusingly similar to that used by competitors McCambridge. In its ruling on 31st July 2012, the Supreme Court by a majority of four to one ordered Brennans to change their packaging within 48 hours despite a request [...]

By |2019-10-18T10:16:21+00:00August 8th, 2012|Passing Off|Comments Off on Brennan’s packaging “confusingly similar” to McCambridges – 48 hours to change packaging

HSA publishes very useful draft guide on the carraige of dangerous goods by road and invites public comment

The Health and Safety Authority has published a draft guide for business in respect of the carriage of dangerous goods by road and is inviting public comments on same before 7th August 2012. The guide is extremely useful in setting out areas such as road transport legislation and the law, [...]

By |2019-10-18T10:16:21+00:00August 3rd, 2012|Health and Safety Law|Comments Off on HSA publishes very useful draft guide on the carraige of dangerous goods by road and invites public comment