Fixed Term Worker – Was backdated contract an attempt to avoid the Unfair Dismissal Acts?

The case of Gerard Kemmy v Amgen Technology (Ireland) t/a Amgen [UD1979/2013] concerned a claim for unfair dismissal in respect of a fixed term work contract. Preliminary Issue By way of preliminary submission, the respondent contended that the claimant's employment had come to an end in May 2013 in accordance [...]

By |2019-10-18T10:25:57+00:00November 17th, 2014|Employment Appeals Tribunal Decisions November 2014, Fixed Term Workers, latest news, Litigation, Unfair Dismissal|Comments Off on Fixed Term Worker – Was backdated contract an attempt to avoid the Unfair Dismissal Acts?

Unfair Dismissal – Beware of Christmas Office Parties!

The case of John Graham v Newlands Cross Hotel t/a Bewleys Hotel Dublin Airport UD886/2012, MN 625/2012 highlights some of the difficulties which can arise at christmas office parties. In this case a confrontation occurred between the claimant and WS at the staff Christmas party on Wednesday the 5th of [...]

By |2019-10-18T10:25:57+00:00November 14th, 2014|Employment Appeals Tribunal Decisions November 2014, latest news, Unfair Dismissal|Comments Off on Unfair Dismissal – Beware of Christmas Office Parties!

Redundancy and Procedural Flaws – Pre-Prepared Signed Letter Leads to Award of €25,000

Despite numerous cases being published in respect of redundancy procedures not being carried our correctly, employers continue to make mistakes in this area. In the recently published case of LM v Galmere Fresh Foods Limited UD 493/2013, the claimant was awarded €25,000 in respect of a claim for unfair dismissal [...]

By |2019-10-18T10:25:57+00:00November 14th, 2014|Employment Appeals Tribunal Decisions November 2014, Unfair Dismissal|Comments Off on Redundancy and Procedural Flaws – Pre-Prepared Signed Letter Leads to Award of €25,000

Establishment of New Patent Court By 2016

As a result of the International Agreement on a Unified Patent Court by the EU in 2013, Ireland is to establish its own Patent Court. The Agreement has been signed by 25 EU countries with the aim of simplifying the patent process by allowing a European Patent with unitary effect [...]

By |2019-10-18T10:25:57+00:00November 14th, 2014|Intellectual Property, latest news, Patents|Comments Off on Establishment of New Patent Court By 2016

Injunctions and Entitlement to Terminate at Common Law Without Cause

In a judgement delivered by Ms Justice Finlay Geoghegan on 16th March 2014 in [Lee Bradshaw v William Murphy and Joseph Murphy and Claire Murphy and Copper Bar and Grill Limited [2014] IEHC 146] the plaintiff, a Chef and restaurateur was employed by the fourth named defendant "The Copper Bar [...]

By |2019-10-18T10:25:58+00:00November 11th, 2014|Damages, Facebook, High Court, Injunction, latest news, Litigation, Wrongful Dismissal|Comments Off on Injunctions and Entitlement to Terminate at Common Law Without Cause

Unfair Dismissal – Failure to Allow Return to Work after Sick Leave leads to Award €50,000

In the recently published case of Colin Carrick v Dublin Stevedores Limited (UD831/2013) the claimant was awarded €50,000. Background The claimant was employed as Assistant to Operations Manager from September 2001 for the respondent who operated cargo handling at Dublin Port. His father has set up the company with JN [...]

By |2019-10-18T10:25:58+00:00November 6th, 2014|EAT Decisions November 2014, Sick Leave, Unfair Dismissal|Comments Off on Unfair Dismissal – Failure to Allow Return to Work after Sick Leave leads to Award €50,000