Duffy Cahill Report – How to Avoid Another “Clery’s Situation” happening again

The recent publication of the report of two experts appointed to examine and review employee protection legislation in the context of ensuring that limited liability or restructuring are not used as a means to avoid a company's obligations to its employees was published at the end of April by Richard [...]

By |2019-10-18T10:25:27+00:00May 11th, 2016|Collective Redundancies, Consultation, Contracts of Employment, Duffy Cahill Report, Exceptional Collective Redundancies, Information and Consultation, Injunction, Litigation, Penalisation|Comments Off on Duffy Cahill Report – How to Avoid Another “Clery’s Situation” happening again

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

UK High Court Enforces 12 month Restrictive Covenant Clause

In the recent UK case of Romero Insurance Brokers v Templeton [2013] EWHC 1198 (QB) the UK High Court was asked to consider a number of questions including the enforceability of a 12 month restrictive covenant. A copy to the decision is found here. Background The defendant in this case, [...]

By |2019-10-18T10:26:20+00:00March 3rd, 2014|Confidental Information, Constructive Dismissal, High Court, Injunction, Insurance, latest news, Litigation, Redundancy, Restrictive Covenant, Restrictive Covenants, Unfair Dismissal, Wrongful Dismissal|Comments Off on UK High Court Enforces 12 month Restrictive Covenant Clause

Injunctions, Investigations, Cross Examination of Witnesses and Breach of Trust

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 [...]

By |2019-10-18T10:26:21+00:00January 29th, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Injunction, latest news, Litigation, Witnesses|Comments Off on Injunctions, Investigations, Cross Examination of Witnesses and Breach of Trust

Successful Injunction in Trade Mark Infringement and Passing Off in use of name of “BMWcare””

The High Court recently published the case of Bayerische Moteren Werke AG -v- Ronayne t/a BMWCare[2013] IEHC 612 concerning a judgement delivered by Mr Justice Ryan on 19th December 2013. We have referred extensively to extracts from the judgment which is available on the courts website here. Background This case [...]

The Defamation Act 2009 and Remedies

In the second of our blog posts concerning the Defamation Act 2009, we look at the various remedies available under the Act. 1. Declaratory Order A new fast track remedy is now available under the Act whereby a person who claims to be the subject of a statement he or [...]

By |2019-10-18T10:20:33+00:00August 15th, 2013|Circuit Court, Defamation, High Court, Injunction, Internet, social media, Statute of Limitations (Amendment) Bill 2013|Comments Off on The Defamation Act 2009 and Remedies

A Must Read High Court Case on Fair Procedure in Disciplinary and Appeal Hearings

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 [...]

Injunction, Copyright Infringement, thepiratebay.org website and Application for “Amicus Curiae” – Recent Commecial Court Decision in EMI Records and Ors v UPC, Vodafone and Ors

The recent decision in EMI Records (Ireland) Limited, Sony Music Entertainment (Ireland) Limited and ors v UPC Communications Ireland Limited, Vodafone Ireland and ors, before the Commercial Court concerned an action by the plaintiff's seeking an injunction requiring the defendants to block access to thepiratebay.org website and related domain names. [...]

High Court Injunction – Breach of Trust and Confidence

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 [...]

By |2019-10-18T10:19:41+00:00April 18th, 2013|Breach of Trust and Confidence, Bullying and Harassment, Contracts of Employment, Disciplinary Meetings, Employee Handbook, High Court, Injunction, latest news, Litigation|Comments Off on High Court Injunction – Breach of Trust and Confidence

High Court Injunction – Plaintiff claims damages not adequate remedy where loss of salary

In the recent High court case of Octavio Hernandez v Vodafone Ireland Limited [2013 1496P] delivered on 21st February 2013, Justice Laffoy was asked to consider an application for interlocutory injunctions restraining the defendant, (the plaintiff’s former employer) from (a) actively preventing the plaintiff from engaging in a new employment contract with [...]

By |2019-10-18T10:19:25+00:00March 18th, 2013|Competition Law, Contracts of Employment, High Court, Injunction, Intellectual Property, Litigation, Restrictive Covenant, Restrictive Covenants|Comments Off on High Court Injunction – Plaintiff claims damages not adequate remedy where loss of salary

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 [...]

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

NAMA Injunction against ex employee for alleged breaches of Confidential Information proceeds to Commerical Court

In what is likely to be a very interesting case before the Commercial Court, the Irish Times reported today that the National Asset Management Agency ("NAMA") had earlier this month obtained a High Court injunction against an ex employee requiring him and his wife to hand over all documents, communications and materials containing [...]

By |2019-10-18T10:16:40+00:00September 12th, 2012|Commercial Court, Confidental Information, High Court, Injunction|Comments Off on NAMA Injunction against ex employee for alleged breaches of Confidential Information proceeds to Commerical Court

Restrictive Covenants and Confidential Information – Execs “won’t share files with new bosses”

It was reported in the business pages of the Irish Independent today that the High Court has been told that three former senior executives with Goodbody stockbrokers will not disclose confidential information obtained by them in their old jobs to their new employer, investment managers Tilman Brewin Dolphin Limited. The paper reports that [...]

By |2019-10-18T10:16:41+00:00September 8th, 2012|Confidental Information, Injunction, Restrictive Covenants|Comments Off on Restrictive Covenants and Confidential Information – Execs “won’t share files with new bosses”