Constructive Dismissal on Grounds of Disability & Reasonable Accommodation – Award of 18 month’s salary

The recently published case of Fergal Reilly v United Parcels Service CSTC Ireland Limited Dec-E2013-077 concerned a claim of discrimination on the ground of disability contrary to Section 6(2)(g) of the Employment Equality Acts 1998 (as amended) in terms of access to employment, failure to provide reasonable accommodation and discriminatory [...]

By |2019-10-18T10:20:32+00:00August 22nd, 2013|Constructive Dismissal, Disability Discrimination, Discrimination, Equality Tribunal Decisions July 2013, latest news, Personal Injury, Resignation, Sick Leave, Sick Pay and Illness|Comments Off on Constructive Dismissal on Grounds of Disability & Reasonable Accommodation – Award of 18 month’s salary

Discrimination on Grounds of Disability – Maximum Award of €70,000 by Equality Tribunal

In the recently published decision of A Medical Secretary -V- HSE West [DEC-E2013-083] by the Equality Tribunal, an employee was awarded €70,000 for the effects of discriminatory treatment which was just short of the maximum two years salary of €71,656.. Background The complainant was employed as a medical secretary by [...]

By |2019-10-18T10:20:33+00:00August 20th, 2013|Disability Discrimination, Discrimination, Equality Tribunal, Equality Tribunal Decisions July 2013|Comments Off on Discrimination on Grounds of Disability – Maximum Award of €70,000 by Equality Tribunal

Frustration of Employment Contract – Fitness to Return to Work

The recent case of An Employee v An Employer UD 1985/2011 revisits the issue of frustration of an employment contract. Although a short decision, it emphasizes the importance of an employee engaging with their employer with a view to returning to the workplace after illness. Background The claimant in this [...]

By |2019-10-18T10:20:33+00:00August 19th, 2013|Contracts of Employment, Employment Appeals Tribunal Decisions August 2013, latest news, Sick Pay and Illness|Comments Off on Frustration of Employment Contract – Fitness to Return to Work

The Defamation Act 2009 and Remedies

In the second of our blog posts concerning the Defamation Act 2009, we look at the various remedies available under the Act. 1. Declaratory Order A new fast track remedy is now available under the Act whereby a person who claims to be the subject of a statement he or [...]

By |2019-10-18T10:20:33+00:00August 15th, 2013|Circuit Court, Defamation, High Court, Injunction, Internet, social media, Statute of Limitations (Amendment) Bill 2013|Comments Off on The Defamation Act 2009 and Remedies

Personal Injury and Safety in the Workplace – Contributory Negligence and Fraudulent Actions

The case of Smith v Health Service Executive 2013 [IEHC] 360 concerned a claim for damages, breach of duty including statutory duty in respect of injuries sustained by the plaintiff in the course of employment in July 2010. Background The plaintiff was employed by the defendants for 18 years as [...]

A Must Read High Court Case on Fair Procedure in Disciplinary and Appeal Hearings

The recent case of Kelleher v An Post, High court, Peart J on 16th May of this year [2013] IEHC 238, 2012 No. 9604P concerned the termination of a postmaster's contract of employment by An Post following an alleged failure to follow security procedures in the course of a kidnap [...]