Unfair Dismissal and Reinstatement for Nurse in recent Workplace Relations Commission Case

This recent case of A Nurse v A Hospital  concerned the dismissal of a nurse who was employed in a specialist long term unit. It was alleged that an elderly vulnerable resident was left unsupervised in an unsuitable chair and restrained there and that this was a breach of the [...]

Redundancy – Alternative Employment Found To Be Unsuitable

In a recent case of the Workplace Relations Commission of A Cook v A Limited Company ADJ 0026299 the Complainant employee was awarded redundancy after the offer of suitable alternative employment made to her was found to be inadequate Background The Respondent (employer) closed its Dublin 14 premises, at which [...]

By |2020-05-19T12:51:58+00:00May 19th, 2020|Appeal, latest news, Redundancy, Workplace Relations Commission Decisions March 2020|Comments Off on Redundancy – Alternative Employment Found To Be Unsuitable

Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

In the recent case of Dillon v Board of Management of Catholic University School [2016 IEHC 674] Justice Twomey was asked to consider a challenge by way of Judicial Review to a finding by the Board of Management of the Respondent of 24th February 2015 whereby it was found that [...]

By |2019-10-18T10:24:54+00:00January 12th, 2017|Alternative Dispute Resolution, Appeal, Blog, Board of Management, Disciplinary Hearing, Disciplinary Meetings, Grievance, High Court, Judicial Review, Schools|Comments Off on Judicial Review Refused in Respect of Disciplinary Action and Original Findings of Board of School of Management

High Court Considers Whether Translator/Interpreter is Employee for Unfair Dismissal Purposes

In the case of Mc Kayed v Forbidden City Limited t/a translations.ie [2016 IEHC 722]  the issue arose as to whether or not the plaintiff was an employee of the defendant in the context of a potential claim under the Unfair Dismissal Acts 1977 (as amended). The judgement of Ms [...]

By |2019-10-18T10:24:54+00:00January 9th, 2017|An Garda Siochana, Appeal, Appeal Hearing, Contracts of Employment, Employee, Employee v Self Employed, High Court, latest news, Litigation|Comments Off on High Court Considers Whether Translator/Interpreter is Employee for Unfair Dismissal Purposes

Bonus Payments and Allowances – Discretionary or Not?

In the recent case of Sandra Cleary, Ellen Bradley, Joyce Donovan, Angela Carmody, Joan Thompson, Anita Malone, Yvonne Masters, Maureen Andres, Brian McCarthy and James Dowdall v B&Q Ireland Limited the appellants were a number of employees of different branches of the Defendant who sought to challenge an Employment Appeals Tribunal ("EAT") [...]

By |2019-10-18T10:24:57+00:00June 21st, 2016|Appeal, Bonus, Breach of Contract, Constructive Dismissal, Deduction and Reduction, Grievance, Health and Safety, High Court, latest news, Litigation, Payment of Wages Act 1991|Comments Off on Bonus Payments and Allowances – Discretionary or Not?

Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

In the case of Canavan v The Commissioner of An Garda Siochana [2016 IEHC 225] , the applicant sought by way of judicial review an order of prohibition preventing the respondent from continuing a process of internal disciplinary against him including various declaratory orders which he contended related to the inordinate [...]

By |2019-10-18T10:25:27+00:00May 10th, 2016|An Garda Siochana, Appeal, Disciplinary Hearing, Disciplinary Meetings, Garda Siochana (Discipline) Regulations 2007, Gross Misconduct, Investigation, latest news, Litigation, Supreme Court|Comments Off on Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

Data Protection – Is an Exam Script Personal Data?

The recent case of Peter Nowak v The Data Protection Commissioner [2016 IESC 18] asks the interesting question of whether an exam script is personal data for the purposes of the Data Protection Act 1988 (as amended). This question has now been passed to the European Court of Justice for determination. [...]

By |2019-10-18T10:25:27+00:00May 9th, 2016|Appeal, Blog, Circuit Court, data protection, European Court of Justice, latest news, Litigation, Privacy, Supreme Court|Comments Off on Data Protection – Is an Exam Script Personal Data?

Important High Court Decision on Point of Law Payment of Wages Act 1991 – Case remitted to the Employment Appeals Tribunal

The recent case of EARAGAIL EISC TEORANTA v ANN MARIE DOHERTY, BRENDAN McGINLEY, EVELYN BOYLE, GAVIN McGINLEY, GERARD HARDY, JOHN McGINLEY, JONATHAN BYRNE, JOESPH BYRNE, JOSEPH DOHERTY, KEVIN BRESLIN, LIAM GALLAGHER, MARTIN GILLESPIE, MARY GAZLEY, MARY TUBRIDY, MICHAEL J. KENNEDY, MICHAEL O’DONNELL, NIGEL O’ROURKE, ROGER McSHANE, SEAMUS DOHERTY, SINEAD HAMILTON, [...]

By |2019-10-18T10:25:28+00:00June 15th, 2015|Appeal, Contracts of Employment, Deduction and Reduction, Employment Appeals Tribunal, High Court, Labour Relations Commision, latest news, McKenzie, Payment of Wages Act 1991|Comments Off on Important High Court Decision on Point of Law Payment of Wages Act 1991 – Case remitted to the Employment Appeals Tribunal

High Court reaffirms meaning of “Public Servants” under FEMPI (No.2) Act

The recent case of Damhnaic Nic Bhradaig and the Employment Appeals Tribunal [2014 No. 423 MCA) concerned a new point of law brought under Section 7(4)(b) of the Payment of Wages Act 1991 concerning a decision of the Employment Appeals Tribunal with regard to the applicability of the Financial Emergency [...]

High Court Appeal on Point of Law – Section 6(4) Payment of Wages Act 1991

The recent case of the Health Service Executive v John McDermott [2014] IEHC 331 concerned an appeal pursuant to Section 7(4)(b) of the Payment of Wages Act 1991. For the purposes of this blog, we have referred extensively to the decision of the High Court including copying extracts of relevant [...]

By |2019-10-18T10:25:57+00:00March 23rd, 2015|Appeal, Contracts of Employment, High Court, latest news, Litigation|Comments Off on High Court Appeal on Point of Law – Section 6(4) Payment of Wages Act 1991

Stokes v Christian Brothers High School – No Appeal to Supreme Court Under Section 28 of the Equal Status Act 2000

The Supreme Court recently handed down their judgement on 24th February 2015 in the case of Mary Stokes (on Behalf of John Stokes a Minor) and the Christian Brothers High School in Clonmel (Appeal Number 184/2012). The Equality Authority were Amicus Curiae in the proceedings. Background Justice Hardiman noted that [...]

By |2019-10-18T10:25:57+00:00March 9th, 2015|Appeal, Circuit Court, Discrimination, Equal status Act 2000, Equality Tribunal, High Court|Comments Off on Stokes v Christian Brothers High School – No Appeal to Supreme Court Under Section 28 of the Equal Status Act 2000

Recent High Court Case on Bullying in the Workplace

Justice O'Neill delivered the recent judgement in Ruffley -v- Board of Management St. Anne's School [2014 IEHC 235] on the 9th day of May 2014. This case concerned bullying and harassment and a full copy of the judgement is available here. Background The plaintiff in this case claimed damages for [...]

Disciplinary Proceedings and An Garda Siochana – Recent High Court Decision

The recent case of John Wilson v Superintenddent Sean Farrell, Chief Superintendent Patrick McGee, the Commissioner of an Garda Siochana Ireland has attracted a lot of media attention since the whistleblowing controversy hit the media. The judgement of Justice O'Malley was delivered by the High Court on 11th April, 2014 [...]

By |2019-10-18T10:25:59+00:00May 6th, 2014|Appeal, Appeal Hearing, Contracts of Employment, Disciplinary Hearing, Disciplinary Meetings, Garda Siochana (Discipline) Regulations 2007, High Court, Investigation, Judicial Review, latest news, Litigation|Comments Off on Disciplinary Proceedings and An Garda Siochana – Recent High Court Decision

Date of Dismissal is Date Statutory Notice Expires – NOT date notification of appeal decision

Many employees may be confused as to the date of dismissal for the purposes of the Unfair Dismissal Acts where they have been given the right of appeal in relation to a decision to dismiss. In Michael Gaboor v NYD Limited UD 2436/11, MN2435/11, RP2968/11 and WT 973/11 the Tribunal [...]

By |2019-10-18T10:25:59+00:00April 14th, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employment Appeals Tribunal Decisions March 2014, Investigation, latest news, Litigation, Unfair Dismissal|Comments Off on Date of Dismissal is Date Statutory Notice Expires – NOT date notification of appeal decision

Investigation and disciplinary hearing conducted by same person not fatal

In the recent case of Brendan O'Callaghan v Dunnes Stores UD 54/2012, MN 25/2012, WT 14/2012 the Employment Appeals Tribunal ruled that it could not be said that "having the investigation and disciplinary hearings conducted by the same person was a flawed and unfair procedure". Background The claimant commenced employment [...]