Unfair Dismissal – Claimant’s Resignation?- no exit interview and lack of records

The recent case of Jackie Drumm v Electricity Supply Board demonstrates amongst other matters the need for accurate paperwork and employee records especially when an employee resigns from their employment. Here the claimant commenced employment with the respondent in 2000 as a clerical officer at its call centre in Cork. In May 2009 the [...]

NAMA Injunction against ex employee for alleged breaches of Confidential Information proceeds to Commerical Court

In what is likely to be a very interesting case before the Commercial Court, the Irish Times reported today that the National Asset Management Agency ("NAMA") had earlier this month obtained a High Court injunction against an ex employee requiring him and his wife to hand over all documents, communications and materials containing [...]

By |2019-10-18T10:16:40+00:00September 12th, 2012|Commercial Court, Confidental Information, High Court, Injunction|Comments Off on NAMA Injunction against ex employee for alleged breaches of Confidential Information proceeds to Commerical Court

Accident at Work – Crack on surface leads to €55,000 award of damages

In this month's Health and Safety Review, the importance of maintenance of a crack on the surface of a ramp was highlighted in the case of Jancelewicz v Tipperary Cheese Company Limited, High Court, Waterford, June 2012. It was reported that a factory worker suffered a fractured wrist and crushed arm when the trolley [...]

By |2019-10-18T10:16:41+00:00September 12th, 2012|Accident at Work, Personal Injury, Personal Injury Assessment Board|Comments Off on Accident at Work – Crack on surface leads to €55,000 award of damages

Gross Misconduct – Dismissal not warranted

In the case of Bobby Amadasun v Shannon Transport & Warehouse Company UD 369/2010 sent last Thursday, the Employment Appeals Tribunal was faced with the question of whether the Claimants behaviour amounted to gross misconduct. Background The Respondents were involved in various aspects of logistics and distribution in the Munster region and [...]

By |2019-10-18T10:16:41+00:00September 11th, 2012|Employment Appeals Tribunal Decisions 6th September 2012, Unfair Dismissal|Comments Off on Gross Misconduct – Dismissal not warranted

Restrictive Covenants and Confidential Information – Execs “won’t share files with new bosses”

It was reported in the business pages of the Irish Independent today that the High Court has been told that three former senior executives with Goodbody stockbrokers will not disclose confidential information obtained by them in their old jobs to their new employer, investment managers Tilman Brewin Dolphin Limited. The paper reports that [...]

By |2019-10-18T10:16:41+00:00September 8th, 2012|Confidental Information, Injunction, Restrictive Covenants|Comments Off on Restrictive Covenants and Confidential Information – Execs “won’t share files with new bosses”

Successful Constructive Dismissal Claim – Tribunal question absence of witnesses to refute evidence

The case of Darren Keating v Drycon Limited UD 2007/2010 in last Thursday's roundup of Employment Appeals Tribunal cases was a successful claim by the Claimant for constructive dismissal, which as we know is a very difficult test to satisfy. Background The Claimant commenced employment as an experienced sales representative in [...]

By |2019-10-18T10:16:41+00:00September 8th, 2012|Bullying and Harassment, Constructive Dismissal, Employment Appeals Tribunal Decisions 6th September 2012, Unfair Dismissal|Comments Off on Successful Constructive Dismissal Claim – Tribunal question absence of witnesses to refute evidence

Accident at Work – Plaintiff’s claim fails due to her responsibility for cleaning regime

This month's Health and Safety Law Review highlights the case of Wall v Delta Centre Limited High Court Waterford June 2010 whereby the High Court dismissed a claim for damages by a care assistant who claimed she slipped on a wet floor in a wash room in a centre which [...]

By |2019-10-18T10:16:41+00:00September 6th, 2012|Accident at Work, Health and Safety Law|Comments Off on Accident at Work – Plaintiff’s claim fails due to her responsibility for cleaning regime

High Court Accident at Work Claim fails – Plaintiff not employee of Defendant

Whilst reviewing health and safety updates for a paper I am preparing,  I came across the case of Donnelly v LPB Building Services Limited and Bernard  Tansey [2012] IEHC 17 of which the Judgement of Mr. Justice Michael Peart was delivered on 20th January 2012 in the High Court. The case was reported on [...]

Redundancy – Claim for unfair selection fails

The case of Neil Whittle v Dunmore East Fisherman's Co-operative Society Limited UD 847/2010 sent on 20th August 2012 concerned a claim of unfair selection for redundancy. The Claimant in this case accepted the need for redundancies and was part of the team deciding on the cost cutting measures which included a [...]

By |2019-10-18T10:16:41+00:00September 4th, 2012|Employment Appeals Tribunal Decisions 30th August 2012, Redundancy, Unfair Dismissal|Comments Off on Redundancy – Claim for unfair selection fails

Constructive Dismissal and alleged Bullying and Harassment – Did the Employer do enough?

The case of O'Dwyer v A Respondent UD1232/2010 revisits the extremely difficult issue of workplace bullying together with constructive dismissal. It is an interesting decision in a number of areas and perhaps one could question whether the Respondent did deal with the attempts reportedly made by the Claimant to resolve her situation [...]

By |2019-10-18T10:16:41+00:00September 3rd, 2012|Bullying and Harassment, Constructive Dismissal, Employment Appeals Tribunal Decisions 30th August 2012, Unfair Dismissal|Comments Off on Constructive Dismissal and alleged Bullying and Harassment – Did the Employer do enough?

Redundancy – Claimant’s request for guaranteed six months employment in alternative role rejected

In the case of Anna Kuranova v G4s Security Services UD526/2010 sent last week by the Employment Appeals Tribunal email service, the Claimant's claim for unfair dismissal was rejected by the Tribunal. The Respondent was a security company that supplied support services to clients such as security, reception, cleaning and mailroom duties. [...]

Alleged undue influence in appeal hearing leading to finding of unfair dismissal and re-engagement

Amongst the Employment Appeals Tribunal cases available this week include the case of Karen Egan v Ulster Bank Group (Ireland) Limited UD 1772/2010. This case is interesting as the Tribunal ultimately took the view that one of the persons involved in the appeal, who gave a dissenting opinion and who was [...]