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?

Defamation – Plaintiff’s Right to Trial By Jury

In the recent decision of Padraig Higgins v Irish Aviation Authority [2016] IEHC 245 , Moriarty J considered whether pursuant to Section 23(1)(c) the plaintiff was entitled to have damages determined by a jury. Background This case concerned a claim by the plaintiff in respect of three emails alleged to have [...]

By |2019-10-18T10:24:57+00:00June 17th, 2016|Damages, Defamation, High Court, Investigation, Litigation, Witnesses|Comments Off on Defamation – Plaintiff’s Right to Trial By Jury

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

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

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

Bullying in the Workplace – Recent High Court Case Highlighting Legal Principles

Justice Kearns delivered his recent judgement in Glynn v Minister for Justice Equality and Law Reform [2014 IEHC 133] on 21st March 2014. Although the claimant was unsuccessful in her claim, the case is interesting in so far as the High Court explores the tests required to prove bullying in [...]

By |2019-10-18T10:25:58+00:00July 1st, 2014|Bullying and Harassment, Contracts of Employment, Grievance, Health and Safety, Health and Safety Law, High Court, latest news, Litigation, Sick Leave, Stress in the Workplace|Comments Off on Bullying in the Workplace – Recent High Court Case Highlighting Legal Principles

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

Internet Defamation Claim – High Court No Jurisdiction to Hear Claim

The recent judgement in the case of CSI Manufacturing Limited v Dun and Bradstreet [2013] IEHC 547 was delivered by Justice Kearns on 29th November 2013 and concerned an appeal from the Circuit Court whereby the applicant sought an order under Section 28 of the Defamation Act 2009 that certain [...]

By |2019-10-18T10:26:20+00:00March 27th, 2014|Brussels Convention on Jurisdiction and Enforcement of Judgements in Civil and Commerical Matters, Circuit Court, Defamation, High Court, Internet|Comments Off on Internet Defamation Claim – High Court No Jurisdiction to Hear Claim