Personal Injury – Accident at Work and Contributory Negligence of 30%

In the recent case of Barry v Dunnes Stores (Clonmel) Limited 2011 1376P the plaintiff claimed damages for an accident which took place on the floor premises. Justice Irvine delivered judgement on 12th June 2013. Background This claim concerned an incident which took place on the defendant's premises at Clonmel, [...]

Constructive Dismissal and Unilateral Change of Contract

In a recent decision of the Employment Appeals Tribunal this week, the Tribunal were asked to consider whether the claimant was constructively dismissed in light of a unilateral alteration of her contractual terms (working week cut from five days to three days per week). The claimant commenced work at the [...]

Retirement Age, Fixed Term Contracts and Discrimination -One Year’s Salary awarded

In the recent equality tribunal decision of Michael McPhillips v ISS Facility Services (DEC-2013-042) the complainant argued that he was subjected to discriminatory dismissal by the respondent on the grounds of age contrary to Section 6 of the Act of the Employment Equality Acts ("the Acts"). He also made a [...]

By |2019-10-18T10:20:10+00:00June 19th, 2013|Age Discrimination, Discrimination, Equality, Equality Authority, Equality Tribunal, Equality Tribunal decisions May 2013, Fixed Term Workers, latest news, Litigation, retirement age, Victimisation|Comments Off on Retirement Age, Fixed Term Contracts and Discrimination -One Year’s Salary awarded

Equality Tribunal orders Bank of Ireland to pay €30,000 for discrimination

In the recent decision of Grainne Campbell v Bank of Ireland Private Banking DEC 2013-046, the claimant was awarded €30,000 for discrimination. A full copy of the decision is accessible here. 1. Background and Summary of Complainants Case The complainant contended that she was subjected to discriminatory treatment by the [...]

By |2019-10-18T10:20:10+00:00June 18th, 2013|Discrimination, Equality, Equality Authority, Equality Tribunal, Equality Tribunal decisions May 2013, latest news, Litigation, Maternity, Pregnancy at Work, Sick Leave|Comments Off on Equality Tribunal orders Bank of Ireland to pay €30,000 for discrimination

Injunction, Copyright Infringement, thepiratebay.org website and Application for “Amicus Curiae” – Recent Commecial Court Decision in EMI Records and Ors v UPC, Vodafone and Ors

The recent decision in EMI Records (Ireland) Limited, Sony Music Entertainment (Ireland) Limited and ors v UPC Communications Ireland Limited, Vodafone Ireland and ors, before the Commercial Court concerned an action by the plaintiff's seeking an injunction requiring the defendants to block access to thepiratebay.org website and related domain names. [...]

TUPE – Right to Transfer and Information and Consultation Obligations

In a recent decision of the Employment Appeals Tribunal in case number TU23/11, the employer appealed against the decision oa a Rights Commissioner decision Ref r-101357-tu-10/GC. Background The Respondent gave evidence that it had approached a potential client with a view to securing a contract for cleaning on site held [...]

By |2019-10-18T10:20:10+00:00June 13th, 2013|Employment Appeals Tribunal Decisions May 2013, latest news, Litigation, TUPE|Comments Off on TUPE – Right to Transfer and Information and Consultation Obligations

Selected Issues in Irish Equality Law 2008 to 2011 – Useful Report from Equality Authority

For those who missed this previously, the Equality Authority have a very useful resource published in February of this year outlining selected issues in equality law from 2008 to 2011 and written by David Fennelly BL. A full copy of the report is linked here . The report is broken [...]

By |2019-10-18T10:20:10+00:00June 6th, 2013|Equality, Equality Authority|Comments Off on Selected Issues in Irish Equality Law 2008 to 2011 – Useful Report from Equality Authority

Personal Injury and Equality Claims – High Court considers duplication of proceedings

In the recent case of Cunningham v Intel Ireland [2013] IEHC 207, Mr Justice Hedigan was asked to consider the issue of duplication of proceedings. We have referred extensively to extracts from the judgement delivered on 15th May 2013 below. Background The plaintiff in this case was employed by the [...]

By |2019-10-18T10:20:10+00:00June 4th, 2013|Bullying and Harassment, Discrimination, Equality, Equality Tribunal, High Court, Labour Court, latest news, Litigation, Personal Injury, Personal Injury Assessment Board|Comments Off on Personal Injury and Equality Claims – High Court considers duplication of proceedings

Data Protection Commission Report 2012 – increase in complaints, audits and prosecutions

The Data Protection Commissioner, Billy Hawkes recently launched his data protection report for 2012 on 20th May 2013. A full copy of the report is available at this link. The report notes that one of the major themes in the 2012 report concerned the issue of sharing personal data in the public [...]

By |2019-10-18T10:20:10+00:00June 3rd, 2013|data protection, Data Protection Report 2012, latest news, Schools, social media|Comments Off on Data Protection Commission Report 2012 – increase in complaints, audits and prosecutions