In the case of A Community Development Officer v A Family Resource Centre the Complainant (employee) alleged that she as dismissed on the grounds of gender due to pregnancy. The Complainant commenced employed as a part-time Community Development / Family Support worker on 1st November 2016. At the commencement of [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
In the recent High Court decision of Hartnett -v- Advance Tyre Company Limited t/a Advance Pitstop [2013] IEHC 615 published on 19th December 2013 on the courts website, Justice Ryan in the High Court had to consider an application for an injunction to set aside the purported dismissal of the [...]
In the latest series of Employment Appeals Tribunal determinations from December, we look at finding of unfair dismissal where the respondent employer failed to carry out a proper workplace investigation. Background In the case of Rachel Bermingham v Marks and Spencer Ireland UD 601/2011, MN 639/2011 the claimant was duty [...]
The recent case of Salma Ayouby v Marks & Spencers Ireland Limited UD 731/2012 illustrates the importance of proper and fair procedure when terminating employment. Here an employee was dismissed for gross misconduct who had overpaid a customer in a transaction involving a gift card and credit voucher. It is [...]
The case of Kelly -v- Board of Management of St Joseph's National School, Valleymount, Co Wicklow [2013] IEHC 392 concerned an application for judicial review and dealt with a series of issues including disciplinary processes and appeals procedures. Background The applicant in this case was the principal of St. Joseph's [...]
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 [...]
In the recent case of An Employee v An Employer UD 510/2011, the Claimant alleged that he had been unfairly dismissed as a result of breaching a restrictive covenant in his contract of employment. Background In this case the Claimant was employed as a leisure centre manager from October 2008 to [...]
In a recent judgement of Ms Justice Laffoy delivered on 22nd March 2013 in Mark Ryan v ESB International Limited [2013 IEHC 126] the plaintiff sought an interlocutory injunction restraining his dismissal on the grounds of "breach of trust and confidence" entitled to be held by the defendant in him. By way of background, the [...]
In the recent Tribunal case of An Employee v An Employer (UD 538/2011 and RP 749/2011) published this week, the Tribunal was asked to consider whether the Claimant was unfairly dismissed in light of an investigation and disciplinary process undertaken by the employer. Interestingly the Tribunal noted that the failure of the Claimant [...]
