Waterford Crystal Workers win landmark pensions case before European Court of Justice

In a landmark case this week, the European Court of Justice ("ECJ") has ruled that workers in the Waterford Crystal factory are entitled to at least 49 per cent of their occupational pensions after the factory closed in 2009. A full copy of the judgement is found at this link and [...]

By |2019-10-18T10:20:11+00:00April 26th, 2013|European Court of Justice, High Court, latest news, Litigation, pensions|Comments Off on Waterford Crystal Workers win landmark pensions case before European Court of Justice

High Court Injunction – Breach of Trust and Confidence

In a recent judgement of Ms Justice Laffoy delivered on 22nd March 2013 in Mark Ryan v ESB International Limited [2013 IEHC 126] the plaintiff sought an interlocutory injunction restraining his dismissal on the grounds of "breach of trust and confidence" entitled to be held by the defendant in him. By way of background, the [...]

By |2019-10-18T10:19:41+00:00April 18th, 2013|Breach of Trust and Confidence, Bullying and Harassment, Contracts of Employment, Disciplinary Meetings, Employee Handbook, High Court, Injunction, latest news, Litigation|Comments Off on High Court Injunction – Breach of Trust and Confidence

Redundancy and Unfair Selection – Importance of clear contractual terms

A recent decision of the Employment Appeals Tribunal (An Employee v An Employer UD1737/2011) highlights the importance of contractual documentation in light of any proposed redundancies. Here the claimant argued that her selection for redundancy was unfair on the basis of "LIFO" on specific sites was not mentioned in her contract of [...]

Data Protection Acts – High Court rules on limitation of damages under Section 7

The case of Collins v FBD Insurance 2012 52 CA delivered by Justice Feeney on 14th day of March 2013, concerned an appeal by the defendant from a Circuit Court order where the Court determined that the plaintiff was entitled to the sum of €15,000 damages together with costs. Background and [...]

By |2019-10-18T10:19:23+00:00April 15th, 2013|Circuit Court, data protection, High Court, Investigation, latest news, Litigation, private investigator|Comments Off on Data Protection Acts – High Court rules on limitation of damages under Section 7

Personal Injury – The Statute of Limitations (Amendment) Bill 2013

The Government has today published the Statute of Limitations (Amendment) Bill 2013 which when enacted will provide that certain persons shall be under a "disability" for the purpose of bringing actions relating to symphysiotomy and pubiotomy performed on them without medical justification. The Bill and explanatory memorandum note that operations known as symphysiotomy [...]

By |2019-10-18T10:19:23+00:00April 10th, 2013|latest news, Negligence, Personal Injury, Statute of Limitations (Amendment) Bill 2013|Comments Off on Personal Injury – The Statute of Limitations (Amendment) Bill 2013

Workplace Investigation – Flawed Enquiry leads to Finding of Unfair Dismissal

The case of An Employee v An Employer (UD 2413/2009) posted today serves again as a reminder to employers to ensure any workplace investigations are carried out in accordance with proper and fair procedure. Although the award was relatively small in this case (approximately €10,000) the Tribunal was particularly critical of the enquiry [...]

By |2019-10-18T10:19:23+00:00April 9th, 2013|Employment Appeals Tribunal Decisions 8th April 2013, latest news, Unfair Dismissal, Workplace Investigations|Comments Off on Workplace Investigation – Flawed Enquiry leads to Finding of Unfair Dismissal

Unfair Dismissal – Award of €25,000 for lack of fair procedure

In a recent claim for unfair dismissal (An Employee v An Employer UD 211/2011, MN 207/2011) the Tribunal awarded the Claimant €25,000 taking into account her contribution to the dismissal. In particular the Tribunal noted the lack of fair procedure afforded to the Claimant prior to her dismissal. Background The Claimant [...]

By |2019-10-18T10:19:24+00:00April 8th, 2013|Appeal, Appeal Hearing, Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions 8th April 2013, Grievance, latest news, Unfair Dismissal|Comments Off on Unfair Dismissal – Award of €25,000 for lack of fair procedure

Investigation and Disciplinary meeting flaws “so significant” so as to lead to finding of unfair dismissal and award of €20,000

In the recent Tribunal case of An Employee v An Employer  (UD 538/2011 and RP 749/2011) published this week, the Tribunal was asked to consider whether the Claimant was unfairly dismissed in light of an investigation and disciplinary process undertaken by the employer. Interestingly the Tribunal noted that the failure of the Claimant [...]

By |2019-10-18T10:19:24+00:00April 4th, 2013|Appeal, Contracts of Employment, Disciplinary Meetings, Employee Handbook, Employment Appeals Tribunal Decisions 3rd April 2013, latest news, Unfair Dismissal, Workplace Investigations|Comments Off on Investigation and Disciplinary meeting flaws “so significant” so as to lead to finding of unfair dismissal and award of €20,000

Misconduct did not warrant Dismissal – Award of €17,500

In a determination published today (An Employee v An Employer - UD 1454/2011, MN 1536/2011) the Employment Appeals Tribunal was asked to consider the question of gross misconduct and whether it warranted dismissal. Background The Claimant worked as a food and beverage coordinator and also usually worked as a cashier. [...]

By |2019-10-18T10:19:24+00:00April 3rd, 2013|Contracts of Employment, Employee Handbook, Employment Appeals Tribunal Decisions April 2013, Gross Misconduct, Unfair Dismissal|Comments Off on Misconduct did not warrant Dismissal – Award of €17,500

Retirement and Discrimination on the Grounds of Age – Award of €5,000

Reported in this month's Irish Employment Law Journal is the interesting case of Sweeny v Aer Lingus Teo (DEC-E2013-135) which was delivered on October 23rd 2012. A link to the decision is found here. The dispute concerns a claim by Ms Elizabeth Sweeny that she was subjected to discriminatory treatment by the [...]

By |2019-10-18T10:19:24+00:00April 2nd, 2013|Age Discrimination, Discrimination, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, pensions|Comments Off on Retirement and Discrimination on the Grounds of Age – Award of €5,000