Employment Equality (Amendment) Bill 2013 – proposed changes include extension of general definition of discrimination

The Employment Equality Bill 2013 was published by the Oireachtas on Monday this week. The Bill proposes to amend the existing Employment Equality Acts 1998 to 2011 and thereby extend the general definition of discrimination to include discrimination on the grounds of gender identity, as well as to extend general [...]

By |2019-10-18T10:19:02+00:00February 27th, 2013|Discrimination, Employment Equality (Amendment) Bill 2013, Equality, Equality Authority, latest news|Comments Off on Employment Equality (Amendment) Bill 2013 – proposed changes include extension of general definition of discrimination

Accident at Work – Insurance, Privity of Contact, Duty of Care and Negligence

In a judgement delivered by Mr Justice Michael Peart on the 5th day of February 2013 in the case of Yun Bing Hu v Duleek Formwork Limited ("In Liquidation") and Aviva Direct Limited t/a Aviva, the High Court looked at the issue of whether there was privity of contract between the plaintiff [...]

Wrongful Dismissal and Redundancy – High Court considers breach of contract action

In a judgement delivered on 31st January 2013 in Treacy v Irish Packaging Recycling Limited [2013] IEHC 41, Justice Laffoy considered whether the defendant was liable for breach of contract in respect of how the plaintiff was dismissed. Background The Plaintiff commenced employment with Greyhound Recycling & Recovery in September 2008 as a [...]

Data Protection – High Court confirms no appeal on decision of “frivolous and vexatious”

In the recently published High Court case Fox v The Office of the Data Protection Commissioner on 6th February 2013 , an issue of statutory interpretation arose whereby two letters written by the applicant to the Data Protection Commissioner on 10th December 2010 and 19th January 2011 were deemed by the Commissioner to fall [...]

By |2019-10-18T10:19:02+00:00February 20th, 2013|data protection, High Court|Comments Off on Data Protection – High Court confirms no appeal on decision of “frivolous and vexatious”

Unfair Dismissal – Employment Appeal Tribunal jurisidction to hear claim – Employee v Self Employed

In the recent decision of Eamonn McCotter v Quinn Insurance Group UD 242/2011; RP290/2011 the Employment Appeals Tribunal considered the question of whether it had jurisdiction to hear the Claimant's unfair dismissal/redundancy claim in circumstances where the Respondent argued that the Claimant was not an employee. Although the conclusion reached by the Tribunal is of [...]

By |2019-10-18T10:19:02+00:00February 19th, 2013|Contracts of Employment, Employee v Self Employed, Unfair Dismissal|Comments Off on Unfair Dismissal – Employment Appeal Tribunal jurisidction to hear claim – Employee v Self Employed

Victimisation results in award of 18 months salary for teacher before Equality Tribunal

The issue of discrimination in the workplace including victimisation continues to dominate workplaces including schools and in this regard it is worth revisiting the case of A Female Teacher (Complainant) v Board of Management of a Secondary School (Respondent) DEC-E/2012/103 published by the Equality Tribunal last summer which concerned the difficult issue of [...]

By |2019-10-18T10:19:03+00:00February 18th, 2013|Bullying and Harassment, Contract of Indefinite Duration, Discrimination, Equality, Equality Tribunal, Investigation, Schools, Sexual Harassment, Victimisation|Comments Off on Victimisation results in award of 18 months salary for teacher before Equality Tribunal

Fixed Term Workers, Contracts of Indefinite Duration and an Order for Re-engagement

The recent case of HSE and Abdel Raouf Sallam FTC/12/19 delivered on 17th January 2013 concerned an appeal by the Claimant Dr Abdel Raouf Sallam against a decision of a Rights Commissioner in his claims against the Health Service Executive ("HSE") concerning infringements of sections 6, 8, 9, 10 and 13 of the Protection [...]

Victimisation – Labour Court considers if dismissal a reactive response to complaints made

We are often asked what is meant by victimisation and the case of Monaghan County Council v Roy Mackarel Determination Number ED 1213 from 2012 gives us some answers. Here the Labour Court noted that "the burden of proving the absence of victimisation rests with the Respondent in accordance with [...]

By |2019-10-18T10:19:03+00:00February 7th, 2013|Appeal Hearing, Discrimination, Equality Tribunal, Labour Court, Religious Discrimination, Unfair Dismissal, Victimisation, Workplace Investigations|Comments Off on Victimisation – Labour Court considers if dismissal a reactive response to complaints made

High Court Injunction and Order directing use of Alternative Dispute Resolution

In continuing with a review of interesting recent High Court judgements, the decision of Justice Laffoy in Irish School of Yoga Limited v Henkel Murphy 2012 1389P delivered on 28th May 2012 is well worth a read. A copy of the link to the decision on the courts website is attached. This [...]

By |2019-10-18T10:19:03+00:00February 6th, 2013|Alternative Dispute Resolution, Competition Law, Confidental Information, Confidential Information, Franchise Agreement, Injunction, Restrictive Covenant|Comments Off on High Court Injunction and Order directing use of Alternative Dispute Resolution

Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief

In the decision of Laffoy J in Cribbin v PLC Ingredients Limited & Anor delivered on 3rd October 2012,  the High Court refused to interfere in an investigation process as part of an application for injunctive relief. We have referred extensively to extracts from the judgement of Justice Laffoy below and a link is provided to [...]

By |2019-10-18T10:19:03+00:00February 4th, 2013|Confidental Information, Contracts of Employment, Employee Handbook, High Court, Injunction, private investigator, Workplace Investigations|Comments Off on Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief