Extreme Weather (Miscellaneous Provisions) Bill 2018 – Safety of Employees

The Government have recently published the Extreme Weather (Miscellaneous Provisions) Bill 2018 to amend the Safety, Health and Welfare at Work Act 2005 in order to provide for the safety of employees during certain severe weather warnings issued by Met Éireann. In addition it is proposed to amend the Criminal [...]

By |2019-10-18T10:24:30+00:00February 14th, 2018|Accident at Work, Contributory Negligence, safety at work, Safety Health and Welfare at Work Act 2005, weather|Comments Off on Extreme Weather (Miscellaneous Provisions) Bill 2018 – Safety of Employees

Working Group Report on Cost of Employer and Public Liability Insurance

The Chair of the Cost of Insurance Working Group, Michael D'Arcy TD (Minister of State for Financial Services and Insurance) recently published the Working Group's Report on the Cost of Employer and Public Liability Insurance. The Report's recommendations and associated actions cover three main themes: (1) increasing transparency; (2) a [...]

By |2019-10-18T10:24:31+00:00January 29th, 2018|Accident at Work|Comments Off on Working Group Report on Cost of Employer and Public Liability Insurance

Health and Safety – European Commission launches initiative to better protect the health and safety of workers

The European Commission has recently launched a new initiative to better protect workers against work-related cancer, to help businesses, in particular SME's and micro-enterprises, in their efforts to comply with the existing legislative framework, and to put a bigger focus on results and less on paperwork.   Following up on [...]

By |2019-10-18T10:24:34+00:00January 16th, 2017|Accident at Work, Health and Safety, Health and Safety Law, latest news, Litigation|Comments Off on Health and Safety – European Commission launches initiative to better protect the health and safety of workers

Personal Injury – Book of Quantum 2016

For those who missed it or may not be aware, the Injuries Board issued a new edition of the Book of Quantum in October 2016. The Book of Quantum sets out the general guidelines on how much or amounts which can be awarded for Personal Injury Claims. The Book has [...]

By |2019-10-18T10:24:56+00:00January 3rd, 2017|Accident at Work, Personal Injury, Personal Injury Assessment Board, Statute of Limitations (Amendment) Bill 2013|Comments Off on Personal Injury – Book of Quantum 2016

Corporate Manslaughter Bill 2016 Published

The Corporate Manslaughter Bill 2016 ('the Bill") recently published will create the indictable offence of "corporate manslaughter" by an undertaking and will also create the indictable offence of "grossly negligent management causing death" by a high managerial agent of the undertaking. A copy of a link to the Bill is located here. [...]

Personal Injury High Court – Analysis of General and Special Damages

The recent case of Walsh v Tesco Ireland Limited 2016 IEHC 322 resulted in an award of 1.4m for the plaintiff and is interesting insofar as the court looked in particular in detail at the area of general and special damages.The judgement was delivered by Mr Justice Barr on 6th [...]

By |2019-10-18T10:24:58+00:00May 30th, 2016|Accident at Work, Blog, Damages, Health and Safety Authority, Health and Safety Law, High Court, latest news, Litigation, Personal Injury, Personal Injury Assessment Board, private investigator|Comments Off on Personal Injury High Court – Analysis of General and Special Damages

National Minimum Wage (Low Pay) Commission Bill 2015

The Government have recently published the National Minimum Wage (Low Pay Commission) Bill 2015, the purpose of which is to amend the National Minimum Wage Act 2000 to provide for the establishment of a body to be known as the Low Pay Commission to advise on setting a national minimum [...]

By |2019-10-18T10:25:28+00:00June 16th, 2015|Accident at Work, latest news, National Minimum Wage (Low Pay Commission) Bill 2015, National Minimum Wage Act 2000|Comments Off on National Minimum Wage (Low Pay) Commission Bill 2015

Recent High Court Decision On Penalisation under Safety Health and Welfare at Work Act 2005

In the recently published High Court case of Stobart Ireland Driver Services Limited v Keith Carroll [2013] IEHC 581, the High Court was asked to consider an appeal from a decision of the Labour Court which was given on 17th January 2013 which the appellant had brought against a Right's [...]

By |2019-10-18T10:26:22+00:00January 8th, 2014|Accident at Work, Appeal, Health and Safety, High Court, Labour Court, latest news, Litigation, Penalisation, Unfair Dismissal, Victimisation|Comments Off on Recent High Court Decision On Penalisation under Safety Health and Welfare at Work Act 2005

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 [...]

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, [...]

Health and Safety – DPP v Nolan Transport Wexford Circuit Court

As reported in our blog post of last week, Nolan Transport was recently fined €1 million euro by Wexford Circuit Court in February of this year in what is reported by the Health and Safety Review to be the largest health and safety fine imposed by an Irish Court when viewed relative to the [...]

By |2019-10-18T10:19:25+00:00March 5th, 2013|Accident at Work, Health and Safety Authority, Health and Safety Law, Investigation, Negligence, Personal Injury|Comments Off on Health and Safety – DPP v Nolan Transport Wexford Circuit Court

Health and Safety – €1 million fine imposed on Company by Wexford Circuit Court

It was reported earlier this week that Nolan Transport had been fined €1 million by the Circuit Court in Wexford in respect of an accident in July 2007 which resulted in the death of two people and several others injured. It was reported by the Health and Safety Law Review [...]

By |2019-10-18T10:19:25+00:00March 1st, 2013|Accident at Work, Circuit Court, Health and Safety Law, Personal Injury|Comments Off on Health and Safety – €1 million fine imposed on Company by Wexford Circuit Court

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 [...]

High Court confirms on appeal that employee on long term sick leave had no entitment to redundancy

In a judgement (Horan v CWS Boco Ireland Limited) delivered by Justice Murphy in the High Court in November 2012, the High Court rejected a claim by the Appellant that the Employment Appeals Tribunal had erred in law in finding that he was not entitled to a redundancy payment under the Redundancy Payments Acts. [...]

By |2019-10-18T10:19:03+00:00January 31st, 2013|Accident at Work, High Court, Labour Relations Commision, Redundancy, Sick Leave|Comments Off on High Court confirms on appeal that employee on long term sick leave had no entitment to redundancy

Personal Injuries Board Fees for Respondents Reduced by 30%

On Monday of this week, Minister for Jobs Enterprise and innovation, Richard Bruton announced that the fees charged by the Personal Injuries Assessment Board will be reduced by 30 per cent from €850 to €600. The reduction applies immediately to the fee charged to respondents to personal injury claims, and [...]

By |2019-10-18T10:17:02+00:00January 17th, 2013|Accident at Work, Civil Liability (Amendment) Bill, Personal Injury, Personal Injury Assessment Board|Comments Off on Personal Injuries Board Fees for Respondents Reduced by 30%