Our Blog

In this case the Complainant who was a Business Development Manager for a Gin Distillery company had raised concerns for a considerable period of time in respect of non payment...

Sectoral Employment Orders – Do you work in Construction, Mechanical Engineering or Electrical Contracting?

03 Sep 2019

If the answer is yes you need to be familiar with Sectoral Employment Orders. What are they? In essence these are Orders covering rates of pay, sick pay, and pensions...

Fixed Term Contracts – Non Renewal, Unfair Dismissal and Pregnancy

03 Sep 2019

In a recent Workplace Relations Commission (WRC) decision in August, an employee was found to have been unfairly dismissed by a creche due to pregnancy. The employee was awarded six...

Disability at Work – Supreme Court Judgement Clarifies Right to Reasonable Accommodation for Persons with Disabilities

02 Sep 2019

The Irish Human Rights and Equality Commission has welcomed the recent Supreme Court ruling in Daly v Nano Nagle on the rights of persons with disabilities to have reasonable accommodation...

Unfair Dismissal with Less than 12 Month’s Service

A timely reminder to employers that employees with less than 12 months service are still entitled to natural justice and fair procedure in respect of any dismissal https://www.workplacerelations.ie/en/cases/2019/july/adj-00015294.htmllcr

Unfair Dismissal v Wrongful Dismissal

A civil claim for wrongful dismissal before the civil courts is different from a claim for unfair dismissal pursuant to the Unfair Dismissal Acts 1977 (as amended) which is before...

Gig Economy and Employment Law

As the gig economy continues to expand there have been greater calls for those seeking greater employment law rights and indeed transparency around these https://www.lawsociety.ie/gazette/top-stories/deliveroo-asks-for-reboot-of-employment-laws-as-gig-economy-expands/

Data Protection Checklist on Data Breaches

Very useful checklist published by the Data Protection Commissioners and highlighted in the the Law Society Gazette in respect of a data breach checklist https://www.lawsociety.ie/gazette/top-stories/data-breach-checklist-issued-by-data-protection-commissioners/

Discrimination on the Grounds of Gender

In this case it was found that a prison officer had been discriminated against on the grounds of gender and an award of €20,000 was made along with other recommendations...

Payment of Wages and Unlawful Deduction

Useful summary of the law on deduction from wages by an employer. Here it was found that an employer illegally deducted the cost of a clutch in a car from...

Paternity Leave Request Results in Dismissal

In recent WRC decision it was found that an employee’s request for paternity leave may have resulted in his dismissal. The claim was taken under the Industrial Relations Acts where...

Online Harassment and Communications

The Committee on Justice and Equality is inviting written submissions from stakeholders and interested parties on the issues of online harassment, harmful communications and related offences. A full copy of...

The Organisation of Working Time (Workers Rights and Bogus Self Employment)(Amendment) Bill 2019

17 Jun 2019

The Government has published the Organisation of Working Time (Workers Rights and Bogus Self Employment)(Amendment) Bill 2019. The aim of the Bill is to amend the Organisation of Working Time...

Unfair Dismissal – Procedural Fairness and Right to Legal Representation

17 Jun 2019

Useful unfair dismissal decision re arguments of procedural unfairness, right to legal representation etc. Complainant was employed by respondent’s Special Compliance Branch and involved in sale of cigarettes from Poland...

Employment Permits System Review

09 Jun 2019

The Government have recently launched a mid-year review of the occupation lists for employment permits for workers from outside the European Economic Area. The lists are reviewed twice a year....

Landlord and Tenant – Summary of new changes

05 Jun 2019

The Residential Tenancies Board has summarised the important changes to the residential rental sector effected by the Residential Tenancies (Amendment) Act 2019. Some of these changes are effective from 4...

Landlord and Tenant – Residential Tenancies (Amendment)Act 2019

04 Jun 2019

The Residential Tenancies (Amendment) Act 2019 was recently enacted and amends the Residential Tenancies Acts 2004 to 2016. The aim of the Act is to (a) provide for powers to...

Employment Permits Review Occupation List

04 Jun 2019

The Minister for Business, Enterprise and Innovation has announced the commencement of a mid-year review of the occupation lists for employment permits for workers from outside the European Economic Area....

Personal Injury – Negligence and Breach of Duty

03 Jun 2019

Background In this case the plaintiff Mr Andrew Larkin was injured while playing football at a sports hall and community centre in Carlingford. The centre was controlled and occupied by...

Consumer Protection Guidelines for Contracts for Care in Nursing Homes

30 May 2019

The Competition and Consumer Protection Commission have recently published consumer protection guidelines in respect of contracts of care for those in long term residential care services Residents of nursing homes...

Disability Discrimination

29 May 2019

The Irish Human Rights and Equality Commission has welcomed the decision by the Workplace Relations Commission in the case of a man who successfully challenged his dismissal from employment because...

Parental Leave (Amendment) Act 2019

29 May 2019

The Government has recently published the Parental Leave (Amendment) Act 2019. A full copy of the Act is available here. Amongst the changes proposed are: A new paid Parental Leave...

Data Protection Commissioner Publishes Report into the Hospitals Sector

22 May 2018

The Data Protection Commissioner’s office has recently published a report entitled “Data Protection Investigation in the Hospitals Sector”. A full copy of the report is available to view here. The report...

Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

20 Feb 2018

The Government has recently published the Protection of Employment (Measures to Counter False Self-Employment) Bill 2018. The purpose of the Bill according to the draft is to declare the relationship...

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

14 Feb 2018

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...

Data Protection Prosecution with Sentence of 2 years For Sale of Personal Information Welcomed

31 Jan 2018

Assistant Data Protection Commissioner, Tony Delaney, has recently welcomed the outcome of prosecution proceedings which concluded at Letterkenny Circuit Court and which were taken by An Garda Síochána against a...

Working Group Report on Cost of Employer and Public Liability Insurance

29 Jan 2018

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...

Employment (Miscellaneous Provisions Bill) 2017 – Prohibition of Discrimination in Respect of Disadvantaged Socio-Economic Status

24 Jan 2018

It has been reported that the Joint Committee on Justice and Equality will carry out detailed Scrutiny of Equality (Miscellaneous Provisions) Bill 2017 today. A copy of a link to...

Dismissal Due to Long Term Sick Leave – Useful Decision of Workplace Relations Commission

19 Jan 2018

Attached is a link to a useful recent decision of the WRC in relation to the dismissal of an employee on long term sick leave. In this case the employee...

Mutual Trust and Confidence Employee contributed to own dismissal by his unreasonable and indefensible behaviour

18 Jan 2018

In this case (Structured Finance Management (Ireland) Limited and Vadym Kakinin) (ADJ0000-155-A) the employee appealed a previous finding of the WRC that he had not been unfairly dismissed to the Labour...

Employee v Self Employed – Useful Synopsis of the Law by the Workplace Relations Commission

17 Jan 2018

In a recent case before the WRC, the Adjudicator sets out some of the key points to consider in determining whether there is a contract of services (employee) or a...

Monitoring of Email in the Workplace – Breach of Article 8 – Right to Respect For Privacy, Family, Home and Correspondence

06 Sep 2017

A recent European Court of Human Rights ruling provides that employers must notify their employees in advance if their professional email accounts are to be monitored. The case Barbulescu v...

Workplace Relations Commission – Useful Guide Published on Adjudication Hearings

30 Aug 2017

The Workplace Relations Commission (WRC) has recently published a general guide on the structure and procedure of a WRC adjudication hearing which readers may find beneficial. The link to the...

Compulsory Retirement Age – Discriminatory Dismissal Claims On the Rise

22 Aug 2017

The Workplace Relations Commission have recently published a series of decisions in respect of the hot topic of “forced” retirement of employees at the age of 66. In the case...

Pensions (Amendment) Bill 2017 – Defined Benefit Schemes must reach minimum funding standard before Employers Allowed to Close

02 Feb 2017

The publication of the Pensions (Amendment) Bill 2017 is to be welcomed this week with the aim of preventing solvent companies from walking away and reneging on their pension obligations...

Retrospective Vetting – Section 21 of the National Vetting Bureau (Children and Vulnerable Persons) Acts – Application Deadline 31st December 2017

19 Jan 2017

Under the terms of the National Vetting Bureau (Children and Vulnerable Persons) Acts, 2012-2016 (“the Acts”), all persons who are employed in positions where they have regular access to children...

Debt Collection – Decrease in Interest Rate on Judgement Debts

17 Jan 2017

The Courts Act 1981 (Interest on Judgement Debts) Order 2016 (Statutory Instrument No. 624 of 2016) came into operation on 1 January 2017. The rate of interest payable on judgement...

Privacy and Electronic Communications – European Commission proposes new legislation

16 Jan 2017

A full copy of the press release is available to view here. According to the Press Release, “The proposed Regulation on Privacy and Electronic Communications will increase the protection of...

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

16 Jan 2017

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...

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

12 Jan 2017

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...

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

09 Jan 2017

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...

Employment Law – National Minimum Wage €9.25 an hour from 1 January 2017

04 Jan 2017

Under Statutory Instrument 516 of 2016 the national minimum hourly rate of pay is now €9.25 an hour for an experienced adult. Employers should take appropriate payroll action and inform...

Personal Injury – Book of Quantum 2016

03 Jan 2017

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...

Employment Equality (Amendment) Bill 2016 – Compulsory Retirement Ages and Full Fitness to Work

02 Jan 2017

Section 6 of the Employment Equality Act 1998 (as amended by Section 4 of the Equality (Miscellaneous Provisions) Act 2015) is to be amended to provide that it will be...

Anti-Evictions Bill 2016

01 Jan 2017

The Anti Evictions Bill 2016 was published just before christmas. A full copy of the Bill is accessible here. The purpose of the Bill is to amend the Residential Tenancies...

Approval Given for Drafting Legislation to allow Garda Representative Associations access to WRC and Labour Court

01 Jan 2017

In a press release issued before the christmas break, the Tánaiste and Minister for Justice and Equality, Ms Frances Fitzgerald T.D announced that approval had been given for the drafting of legislation...

Education (Admissions to Schools ) Bill 2016

11 Jul 2016

The Education (Admissions to Schools ) Bill 2016 was published on 8th July and is designed to make provision that a school (recognised in accordance with section 10 of the...

Au Pair Placement Bill 2016 Published

06 Jul 2016

The Au Pair Placement Bill 2016 (“the Bill”) was published on Monday this week with the aim of better protecting the rights of young people on cultural and education exchange...

Bonus Payments and Allowances – Discretionary or Not?

21 Jun 2016

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...

Defamation – Plaintiff’s Right to Trial By Jury

17 Jun 2016

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...

Workplace Relations Commission – New Guide to Employment and Equality Law

16 Jun 2016

For those who are interested, the Workplace Relations Commission have published a new guide on their website on Employment and Equality Law, a copy of which is available to download...

Corporate Manslaughter Bill 2016 Published

02 Jun 2016

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...

Personal Injury High Court – Analysis of General and Special Damages

30 May 2016

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...

The Posting of Workers Directive – Proposed Changes

17 May 2016

The European Commission has recently published a proposed revision of the rules on the posting of workers which aims to revise Directive 96/71 (“Posting of Workers Directive”). It will include...

Workplace Relations Commission – Strategy Statement 2016-2018

14 May 2016

The Minister for Jobs, Enterprise and Innovation Richard Bruton TD recently launched the first Strategy Statement of the Workplace Relations Commission.Among the targets and objectives set by the strategy, covering...

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

11 May 2016

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...

Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

10 May 2016

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...

Data Protection – Is an Exam Script Personal Data?

09 May 2016

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...

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13 Apr 2016

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18 Jan 2016

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Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.

Martin Luther King, Jr.

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18 Jan 2016

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18 Jan 2016

Protected Disclosures Act 2014 – Application for Injunctive Relief

24 Aug 2015

The recent case of Dan Philpott v Marymount University Hospital and Hospice Limited 2015/364 (Circuit Court) (unreported) delivered on June 12th 2005 is the first reported case under the Protected...

National Minimum Wage (Low Pay) Commission Bill 2015

16 Jun 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...

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

15 Jun 2015

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...

Employment Equality (Amendment) Bill 2015 Published

11 Jun 2015

The Government has this week published the Employment Equality (Amendment) Bill 2015 a copy of which can be accessed here. The purpose of the Bill is to provide equality for...

Workplace Relations Act 2015 to Commence on 1st October

09 Jun 2015

Minister Bruton announced yesterday that the Workplace Relations Act 20115 will be commenced on 1st October 2015. In essence the far reaching reforms will see the existing employment rights and...

Workplace Relations Act 2015 – No.16 of 2015

03 Jun 2015

The Workplace Relations Act 2015 has recently been signed into law and is one of the most important pieces of legislation to come into the employment law arena in recent...

Licensing of Private Investigators Mandatory from 1 November 2015

03 Jun 2015

It has recently been announced that with effect from 1st November 2015, contractors providing security services as a private investigator will require a licence from the Private Security Authority (“PSA”)...

Consumer Rights Law to be overhauled

27 May 2015

The Minister for Jobs, Enterprise and Innovation, Richard Bruton TD announced this week that a new Consumer Rights Bill which is being published for consultation represents “the most far reaching...

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

27 May 2015

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...

Unfair Dismissal and Settlement Agreements – Tribunal rules it “vital” for an employee to seek advice before signing

30 Mar 2015

In a recent case before the Employment Appeals Tribunal, Kerrigan v Smurfit Kappa Ireland Limited (UD 1921/2011) the employee appealed against a recommendation of a Rights Commissioner (ref r-105234-ud11 JOC,) under...

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

23 Mar 2015

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...

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

09 Mar 2015

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...

Fixed Term Worker – Was backdated contract an attempt to avoid the Unfair Dismissal Acts?

17 Nov 2014

The case of Gerard Kemmy v Amgen Technology (Ireland) t/a Amgen [UD1979/2013] concerned a claim for unfair dismissal in respect of a fixed term work contract. Preliminary Issue By way...

Unfair Dismissal – Beware of Christmas Office Parties!

14 Nov 2014

The case of John Graham v Newlands Cross Hotel t/a Bewleys Hotel Dublin Airport UD886/2012, MN 625/2012 highlights some of the difficulties which can arise at christmas office parties. In...

Redundancy and Procedural Flaws – Pre-Prepared Signed Letter Leads to Award of €25,000

14 Nov 2014

Despite numerous cases being published in respect of redundancy procedures not being carried our correctly, employers continue to make mistakes in this area. In the recently published case of LM...

Establishment of New Patent Court By 2016

14 Nov 2014

As a result of the International Agreement on a Unified Patent Court by the EU in 2013, Ireland is to establish its own Patent Court. The Agreement has been signed...

Injunctions and Entitlement to Terminate at Common Law Without Cause

11 Nov 2014

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...

Unfair Dismissal – Failure to Allow Return to Work after Sick Leave leads to Award €50,000

06 Nov 2014

In the recently published case of Colin Carrick v Dublin Stevedores Limited (UD831/2013) the claimant was awarded €50,000. Background The claimant was employed as Assistant to Operations Manager from September...

Workplace Relations Bill 2014 – Enactment Targeted By End of 2014

14 Jul 2014

The Minister for Jobs, Enterprise and Innovation, Richard Bruton TD recently secured Government approval for the Workplace Relations Bill 2014. The law, when enacted, will replace the current five workplace...

Domestic Workers – Government Ratifies ILO Convention on Decent Work for Domestic Workers (No.189), 2011

10 Jul 2014

The Minister for Jobs, Enterprise and Innovation, Mr Richard Bruton yesterday announced the Government’s decision to ratify the International Labour Organisation Convention on Decent Work for Domestic Workers (No. 189),...

Defamation (Amendment) Bill 2014

07 Jul 2014

The Oireachtas recently published the Defamation (Amendment) Bill 2014 (“the Bill”) the purpose of which is to limit the damages certain public bodies may receive in defamation actions so as...

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

01 Jul 2014

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...

Equality Tribunal Publish Decisions for May 2014 Including Award for Discriminatory Dismissal on Grounds of Age (Compulsory Retirement)

16 Jun 2014

The Equality Tribunal today published their decisions for May 2014 including awards totalling €93,000 for employment equality decisions upheld or part upheld. In addition a member of the travelling community...

Recent High Court Case on Bullying in the Workplace

02 Jun 2014

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...

Disciplinary Proceedings and An Garda Siochana – Recent High Court Decision

06 May 2014

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...

Employment Permits (Amendment) Bill 2014

24 Apr 2014

In the recently published Employment Permits (Amendment) Bill 2014 which was launched on April 23rd, a range of new employment permits for those looking to work in Ireland are to...

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

14 Apr 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...

Investigation and disciplinary hearing conducted by same person not fatal

01 Apr 2014

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...

Internet Defamation Claim – High Court No Jurisdiction to Hear Claim

27 Mar 2014

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...

The recently reported case of Betty O’Farrell v Board of Management of St. Brigid’s School UD 2199/2011 concerned a claim for constructive dismissal which the claimant ultimately won despite remaining...

Temporary Agency Workers – Labour Court Awards Adjusted Rate of Pay to Claimant

04 Mar 2014

The recent case of Team Obair Limited v Mr Robert Costello concerned an appeal by the employee against a Rights Commissioner decision dated 30th July 2013 in respect of the...

UK High Court Enforces 12 month Restrictive Covenant Clause

03 Mar 2014

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...

Collective Redundancies and the Dell High Court Case

26 Feb 2014

The judgement in the case of Tagney & anor v Dell Products Limerick was delivered by Justice Birmingham on 26th day of June 2013. A full copy of the decision...

Constructive Dismissal – Is it fatal for an employee to give notice and/or fail to engage with their employer?

24 Feb 2014

The case of Mara Rybak v Matthew Hannigan T/a Hannigan Facility Services Building PW 243/2012, TE 126/2012, TU 28/2012 was delivered by the Employment Appeals Tribunal in November 2013 and...

Breach of Contract – Be Wary of Voluntary Redundancy Offers

03 Feb 2014

In Browne v Iarnrod Eireann Irish Rail [2013] IEHC 62, Mr. Justice Hogan in the High Court was asked to considerwhether there was a binding contract between the parties where...

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

29 Jan 2014

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...

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

27 Jan 2014

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....

Judicial Review in Respect of Complaint to Pensions Board concerning Pension Levy

15 Jan 2014

Judgement in the recent case of Scraggs v Pension Board [2013] (91 JR) was delivered by Mr Justice Hogan on the 19th November, 2013. A number of notice parties were...

Family Law and Reform of “In Camera Rule”

14 Jan 2014

The Department of Justice have announced the coming into operation of reforms to the in camera rule for family law and childcare proceedings from the start of the new legal...

Proposed Increase in limit for mental distress in Fatal Injury Cases

14 Jan 2014

It was announced today by Mr Alan Shatter T.D. Minister for Justice, Equality and Defence that the maximum amount can be awarded for mental distress to dependents of someone who...

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

08 Jan 2014

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...

Unfair Dismissal and Discriminatory Dismissal – Is it possible to claim both under Section 101 of the Equality Act 1998 (as amended)

06 Jan 2014

The recent case of Astrid McCarey v High Lennon and Associates UD909/2012 deals with the the jurisdictional issue under Section 101(2) of the Employment Equality Acts 1998 (as amended). Background...

Increase District Court and Circuit Court Jurisdiction from 3rd February 2014

03 Jan 2014

The new monetary jurisdictions in the district and Circuit Court will come into effect on 3rd February 2014. The new District Court jurisdiction in civil proceedings will increase from €6384...

Unfair Dismissal and Workplace Investigation Flaws

01 Jan 2014

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....

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Government Publishes Cyberbullying Bill 2013

18 Nov 2013

The Government published the Cyberbullying Bill 2013 last week with a view to tackling the ever-growing problem of bullying online or cyber bullying. A link to the Bill is available...

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13 Nov 2013

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12 Nov 2013

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12 Nov 2013

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11 Nov 2013

Always do your best. What you plant now, you will harvest later.

Oga Mandino

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10 Nov 2013

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Constructive Dismissal – Recent Caselaw from the Employment Appeals Tribunal

05 Nov 2013

The recently published Employment Appeals Tribunal decisions for October again contain a number of cases in respect of constructive dismissal and the tests to be applied. In Brian Butler v...

What Content Would You Like to See?

31 Oct 2013

To all our readers, We continually strive to publish timely and interesting case-law and updates to our readers however we may not be publishing the right content all the time!!...

Unfair Dismissal and Flawed Procedures – Mistake Did Not Justify Dismissal

30 Oct 2013

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...

Interesting Employment Appeals Tribunal Case On Duplication of Proceedings

28 Oct 2013

The recent Employment Appeals Tribunal case of Beverley Morgan v Irish Horse Welfare Trust Limited UD53/2012. WT 13/2012, MN 24/2014 is a useful synopsis of the law in respect of...

Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

24 Oct 2013

The recent case of Byrne v Irish Sports Council [2013] IEHC 438 concerned the issue of whether the Sports Council had acted ultra vires in respect of the appointment of...

Fixed Term Workers, Discrimination, Objective Grounds and Appeal to High Court

23 Oct 2013

The recent High Court case of An Post v Finbarr and Deirdre Wade [2013] IEHC 404 concerned an appeal from a Labour Court decision determining that the respondent’s right to...

Freedom of Expression – Website Legally Responsible for Defamatory Postings

21 Oct 2013

The judgement in Delfi AS v Estonia (64569/09) was delivered by the European Court of Human Rights (“ECHR”) on 10th October 2013.The case was recently highlighted in the Irish Times...

Unfair Dismissal, Sick Leave and Failure to Avail of Counselling Services

09 Oct 2013

The recent case of Patrick Kinsella v Irish Prison Service UD 1120/2011 MN 1212/2011 concerned a claim for unfair dismissal where the claimant had been dismissed due to his attendance...

Diem certam indicere

03 Oct 2013

TUPE – Information and Consultation Obligations

26 Sep 2013

Regulation 8 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (“the Regulations”) implements Article 7 of Council Directive 2001/23 of 12th March 2011 and deals...

TUPE – What is all about? – Part 1

23 Sep 2013

In our first blog in the series, we thought it would be useful to start with the “basics” in respect of the European Communities (Protection of Employees on Transfer of...

Frustration of Employment Contract – Failure to Produce Specialist Medical Evidence

20 Sep 2013

The Employment appeals Tribunal recently considered the issue of frustration of contract of employment in the case of The Personal Representative in the Estate of Piotr Kobialka (Deceased) v Shannon...

Discrimination and Victimisation – Equality Tribunal Awards €80,000

17 Sep 2013

In the recently published Equality Tribunal decision A Prison Officer v The Prison Service, the complainant was awarded €80,000 for the effects of discrimination and victimisation under the Employment Equality...

Judicial Review, Board of Management of School and Disciplinary Action

16 Sep 2013

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...

Constructive Dismissal Claim and Impulsive Actions

12 Sep 2013

In the recent case of June McGarr v Margaret & Michael Moriarty t/a Moriarty’s Centra UD 1363/2011, MN 1463/2011, WT 1547/2011. the Employment Appeals Tribunal was asked to consider whether...

Fixed Term Contracts, Funding and Unfair Dismissal

11 Sep 2013

In last month’s reported employment appeals tribunal cases, the tribunal was asked to consider in Patrick Fournet v NUI Galway UD 1262/2011 MN 1367/2011 whether the claimant had been unfairly...

Fair Dismissal for Breach of Trust and Confidence

10 Sep 2013

Many of the decisions reported by the Employment Appeals Tribunal result in findings of unfair dismissal and we thought for a change we would post a decision which found in...

Parturient montes

03 Sep 2013

Unfair Dismissal – €50,000 award for unambiguous language

02 Sep 2013

In the recently published case of David Fagan v Teefey Transport Limited and P&G Freight Forwarding Limited Case UD220/2011 the Employment Appeals Tribunal was asked to consider whether the claimant...

Constructive Dismissal on Grounds of Disability & Reasonable Accommodation – Award of 18 month’s salary

22 Aug 2013

The recently published case of Fergal Reilly v United Parcels Service CSTC Ireland Limited Dec-E2013-077 concerned a claim of discrimination on the ground of disability contrary to Section 6(2)(g) of...

Discrimination on Grounds of Disability – Maximum Award of €70,000 by Equality Tribunal

20 Aug 2013

In the recently published decision of A Medical Secretary -V- HSE West [DEC-E2013-083] by the Equality Tribunal, an employee was awarded €70,000 for the effects of discriminatory treatment which was...

Frustration of Employment Contract – Fitness to Return to Work

19 Aug 2013

The recent case of An Employee v An Employer UD 1985/2011 revisits the issue of frustration of an employment contract. Although a short decision, it emphasizes the importance of an...

The Defamation Act 2009 and Remedies

15 Aug 2013

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...

The Defamation Act 2009 and Defences

14 Aug 2013

In the first of our blog posts we look at the Defamation Act 2009 (“the Act”) and what is meant by the new “tort of defamation”. We also consider the...

Personal Injury and Safety in the Workplace – Contributory Negligence and Fraudulent Actions

13 Aug 2013

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...

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

08 Aug 2013

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...

Nihilne te nocturnu

03 Aug 2013

Diem certam indicere

02 Aug 2013

Employee v Self Employed – Issues of Control, Tax, PRSI and Mutuality of Obligation

31 Jul 2013

We are often asked to advise on whether a person is an employee (engaged under a “contract of services”) or self employed (engaged under a “contract for services”). The designation...

Redundancy – Employee Should Be Afforded Right to Appeal Decision

31 Jul 2013

The recent case of Henry Gwynn-Jones against the recommendation of the Rights commissioner in the case of John Dawson UD 1480/2011 concerned an appeal by the employer against the recommendation...

Dismissal under “Cloak of Redundancy” Leads to Award of €30,000

29 Jul 2013

In the case of Jim Dowdall v Oxigen Environmental UD207/2011 the Employment Appeals Tribunal was asked to consider whether the Claimant was unfairly dismissed on the grounds of unfair selection...

Constructive Dismissal – Award of €123,000 for failure to attend

29 Jul 2013

A timely reminder for employers this week who fail to attend Employment Appeals Tribunal hearings. In the case of Michael Melleney v Optical Express (Southern) Limited UD 65/2013, MN1802/2011, WT...

High Court upholds Equality Tribunal decision that Garda Reserve not employee

22 Jul 2013

The High Court was recently asked to consider an appeal and cross appeal brought pursuant to Section 79(5) of the Employment Equality Act 1998 (as amended) (“the Equality Acts”) in...

Gender Recognition Bill 2013 – Approval of General Scheme

18 Jul 2013

The Minister for Social Protection announced yesterday the approval by the Cabinet of a General Scheme of the Gender Recognition Bill 2013. Once the Bill is published, it will afford...

Compromise Agreements, Pension Entitlements and the Contra Proferentem Rule

16 Jul 2013

In the recent decision of Kingston v ACC Bank [2013] IEHC 173 (High Court) O’Malley J, the High Court was asked to consider the issue of specific performance of pension...

Parental Leave Bill 2013 – Proposed Sharing of Maternity Leave

15 Jul 2013

The Government recently published the Parental leave Bill on 10th July 2013. The Bill will amend Part II of the Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act...

Unfair Dismissal – Award of €50,000 Due To Unfair Selection for Redundancy

02 Jul 2013

The recent Employment Appeals Tribunal decision of Gillian Free v Oxigen Environmental UD 206/2011 concerned a claim for unfair dismissal on the grounds the claimant was unfairly selected for redundancy...

Personal Injury – Accident at Work and Contributory Negligence of 30%

27 Jun 2013

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...

Constructive Dismissal and Unilateral Change of Contract

21 Jun 2013

In a recent decision of the Employment Appeals Tribunal this week, the Tribunal were asked to consider whether the claimant was constructively dismissed in light of a unilateral alteration of...

Retirement Age, Fixed Term Contracts and Discrimination -One Year’s Salary awarded

19 Jun 2013

In the recent equality tribunal decision of Michael McPhillips v ISS Facility Services (DEC-2013-042) the complainant argued that he was subjected to discriminatory dismissal by the respondent on the grounds...

Equality Tribunal orders Bank of Ireland to pay €30,000 for discrimination

18 Jun 2013

In the recent decision of Grainne Campbell v Bank of Ireland Private Banking DEC 2013-046, the claimant was awarded €30,000 for discrimination. A full copy of the decision is accessible...

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

14 Jun 2013

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...

TUPE – Right to Transfer and Information and Consultation Obligations

13 Jun 2013

In a recent decision of the Employment Appeals Tribunal in case number TU23/11, the employer appealed against the decision oa a Rights Commissioner decision Ref r-101357-tu-10/GC. Background The Respondent gave...

Selected Issues in Irish Equality Law 2008 to 2011 – Useful Report from Equality Authority

06 Jun 2013

For those who missed this previously, the Equality Authority have a very useful resource published in February of this year outlining selected issues in equality law from 2008 to 2011...

Personal Injury and Equality Claims – High Court considers duplication of proceedings

04 Jun 2013

In the recent case of Cunningham v Intel Ireland [2013] IEHC 207, Mr Justice Hedigan was asked to consider the issue of duplication of proceedings. We have referred extensively to...

Data Protection Commission Report 2012 – increase in complaints, audits and prosecutions

03 Jun 2013

The Data Protection Commissioner, Billy Hawkes recently launched his data protection report for 2012 on 20th May 2013. A full copy of the report is available at this link. The report...

Exceptional Collective Redundancies – 3 year extension to Part 2 of the 2007 Act

31 May 2013

The Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (“the Act”) has been extended for a further three-year period until 7th May 2016 pursuant to the Protection of...

Pensions – Minister announces proposed regulatory changes to Defined Benefit Schemes

30 May 2013

The Minister for Social Protection, Joan Burton announced yesterday a number of regulatory changes to the Pensions Acts 1990 to 2010. A copy of the press release is attached here. The...

Social Media and Defamation – UK High Court rules tweet was defamatory

28 May 2013

In the recently published decision of The Lord McAlpine of West Green v Sally Bercow [2013] EWHC 1342 (QB) the UK High Court ruled that a tweet published by Sally Bercow, the...

Constructive Dismissal – Employer’s Cumulative Actions lead to breakdown of trust and confidence

27 May 2013

In a recently published decision of the Employment Appeals Tribunal (An Employee v An Employer) UD842/2011, the Claimant successfully claimed constructive dismissal and was awarded €23,826. Background The Claimant was employed by the Respondent...

Dismissal for Gross Misconduct – High Court refuses remedy sought of Judicial Review

20 May 2013

The recent High Court case of Purdy v Commissioner of An Garda Siochana [2013] IEHC 141 (High Court, Kearns J, 11 April 2013) concerned proceedings arising from a decision of An Garda...

Supreme Court holds Part III of Industrial Relations Acts 1946 unconstitutional – Judgement in McGowan & Ors v Labour Court Ireland & Anor now available

14 May 2013

The widely anticipated Supreme Court judgement in McGowan & Ors v Labour Court Ireland & Anor which was handed down on 9th May 2013 by O’Donnell J is now available on the...

Unfair Dismissal and Restrictive Covenants – €25,000 award for failure to inform employee breach could lead to dismissal

08 May 2013

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...

Hotline.ie annual report 2012 – Increase in reporting of illegal content on the internet

08 May 2013

Minister for Justice, Equality and Defence, Alan Shatter recently launched the the Annual Report for 2012 for Hotline.ie on April 29th 2013. The Hotline.ie service was established in 1999 to allow...

Waterford Crystal Workers win landmark pensions case before European Court of Justice

26 Apr 2013

In a landmark case this week, the European Court of Justice (“ECJ”) has ruled that workers in the Waterford Crystal factory are entitled to at least 49 per cent of their...

High Court Injunction – Breach of Trust and Confidence

18 Apr 2013

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...

Redundancy and Unfair Selection – Importance of clear contractual terms

16 Apr 2013

A recent decision of the Employment Appeals Tribunal (An Employee v An Employer UD1737/2011) highlights the importance of contractual documentation in light of any proposed redundancies. Here the claimant argued...

Data Protection Acts – High Court rules on limitation of damages under Section 7

15 Apr 2013

The case of Collins v FBD Insurance 2012 52 CA delivered by Justice Feeney on 14th day of March 2013, concerned an appeal by the defendant from a Circuit Court order...

Personal Injury – The Statute of Limitations (Amendment) Bill 2013

10 Apr 2013

The Government has today published the Statute of Limitations (Amendment) Bill 2013 which when enacted will provide that certain persons shall be under a “disability” for the purpose of bringing actions...

Workplace Investigation – Flawed Enquiry leads to Finding of Unfair Dismissal

09 Apr 2013

The case of An Employee v An Employer (UD 2413/2009) posted today serves again as a reminder to employers to ensure any workplace investigations are carried out in accordance with proper and fair...

Unfair Dismissal – Award of €25,000 for lack of fair procedure

08 Apr 2013

In a recent claim for unfair dismissal (An Employee v An Employer UD 211/2011, MN 207/2011) the Tribunal awarded the Claimant €25,000 taking into account her contribution to the dismissal. In...

Investigation and Disciplinary meeting flaws “so significant” so as to lead to finding of unfair dismissal and award of €20,000

04 Apr 2013

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...

Misconduct did not warrant Dismissal – Award of €17,500

03 Apr 2013

In a determination published today (An Employee v An Employer – UD 1454/2011, MN 1536/2011) the Employment Appeals Tribunal was asked to consider the question of gross misconduct and whether...

Retirement and Discrimination on the Grounds of Age – Award of €5,000

02 Apr 2013

Reported in this month’s Irish Employment Law Journal is the interesting case of Sweeny v Aer Lingus Teo (DEC-E2013-135) which was delivered on October 23rd 2012. A link to the decision is...

Award of €45,000 for Victimisation and dismissal before Equality Tribunal

29 Mar 2013

In a recent Equality Decision Tribunal case DEC E2012-160 (A Complainant v A Third Level Institution) the Complainant contended that she was discriminated against by the Respondent on the grounds of gender,...

Data Protection – Government stresses support for the Office of the Data Protection Commissioner

28 Mar 2013

On March 27th 2013 the Minister for Justice Alan Shatter stressed Government support for the Office of the Data Protection Commissioner. In stressing the importance of the role in developing the...

Personal Injury and Contributory Negligence Finding of 40% leads to award of €114,300

25 Mar 2013

In the recent High Court case of Erin Gallagher v Oliver McGeady delivered by Mr Justice Ryan on 8th March 2013, the High Court was asked to rule on an...

Maternity Protection (Members of the Houses of the Oireachtas) Bill 2013

21 Mar 2013

The Government recently published the Maternity Protection (Members of the Houses of the Oireachtas) Bill 2013 which provides for maternity leave in respect of any female person who is (a) elected...

Data Protection – Article 29 Working Opinion on Mobile Apps

20 Mar 2013

The Data Protection Commissioner published a press release on 14th March 2013 in respect of the opinion adopted by the European data protection authorities of the Article 29 Working Party in respect of...

Publication of Courts Bill 2013 – Proposed Changes to “In Camera Rule” and Monetary Jusrisdictions

20 Mar 2013

The Government published the Courts Bill 2013 yesterday 19th March 2013. A full text of the Bill is available on this link. The purpose of the Courts Bill 2013 is two-fold...

Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

19 Mar 2013

The recent English decision of Mr Adrian Smith v Trafford Housing Trust [2012 EWHC 3221 (Ch) delivered by Justice Briggs in November 2012 sheds further light on the explosion of social media and how...

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

18 Mar 2013

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...

Health and Safety – DPP v Nolan Transport Wexford Circuit Court

05 Mar 2013

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

01 Mar 2013

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...

Employment Equality (Amendment) Bill 2013 – proposed changes include extension of general definition of discrimination

27 Feb 2013

The Employment Equality Bill 2013 was published by the Oireachtas on Monday this week. The Bill proposes to amend the existing Employment Equality Acts 1998 to 2011 and thereby extend...

Accident at Work – Insurance, Privity of Contact, Duty of Care and Negligence

25 Feb 2013

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...

Wrongful Dismissal and Redundancy – High Court considers breach of contract action

21 Feb 2013

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...

Data Protection – High Court confirms no appeal on decision of “frivolous and vexatious”

20 Feb 2013

In the recently published High Court case Fox v The Office of the Data Protection Commissioner on 6th February 2013 , an issue of statutory interpretation arose whereby two letters written...

Unfair Dismissal – Employment Appeal Tribunal jurisidction to hear claim – Employee v Self Employed

19 Feb 2013

In the recent decision of Eamonn McCotter v Quinn Insurance Group UD 242/2011; RP290/2011 the Employment Appeals Tribunal considered the question of whether it had jurisdiction to hear the Claimant’s unfair dismissal/redundancy claim in circumstances...

Victimisation results in award of 18 months salary for teacher before Equality Tribunal

18 Feb 2013

The issue of discrimination in the workplace including victimisation continues to dominate workplaces including schools and in this regard it is worth revisiting the case of A Female Teacher (Complainant) v Board of...

Fixed Term Workers, Contracts of Indefinite Duration and an Order for Re-engagement

11 Feb 2013

The recent case of HSE and Abdel Raouf Sallam FTC/12/19 delivered on 17th January 2013 concerned an appeal by the Claimant Dr Abdel Raouf Sallam against a decision of a Rights Commissioner in...

Victimisation – Labour Court considers if dismissal a reactive response to complaints made

07 Feb 2013

We are often asked what is meant by victimisation and the case of Monaghan County Council v Roy Mackarel Determination Number ED 1213 from 2012 gives us some answers. Here...

High Court Injunction and Order directing use of Alternative Dispute Resolution

06 Feb 2013

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...

Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief

04 Feb 2013

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...

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

31 Jan 2013

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...

Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000

30 Jan 2013

Following on from our blog post yesterday, we will now look at the remaining six areas of complaint in respect of bullying and harassment alleged by the plaintiff in the...

Bullying and Harassment – Recent High Court case awards retired detective garda €85,000

29 Jan 2013

Reported in this month’s Irish Health and Safety Review is the recent High Court case concerning a retired detective Garda who was awarded €85,000 after claiming that he was bullied,...

National Vetting Bureau (Children and Vulnerable Persons) Act 2012 – Part One

28 Jan 2013

The Government recently published the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (“the Act) as passed by both houses of the Oireachtas. The aim of the Act is...

Mortgage Restructuring Arrangement Bill 2013 – Part 1

24 Jan 2013

The Government has today published the Mortgage Restructuring Arrangement Bill 2013 which provides for inter alia the restructuring and disposal of certain mortgage arrears, the retention where practicable of the...

Homophobic working environment leads to award of €24,000 for discrimination and victimisation

23 Jan 2013

In a decision reported in the media today namely An Employee v A Credit Union, an employee was awarded €16,000 in respect of victimisation and €8,000 for discrimination whereby it was...

New Pregnancy related Equality Decision – Award of €29,000 for discrimination and victimisation

22 Jan 2013

Included in the recently released equality decisions is the case of Ms Rachel McCarthy v Niscayah Limited DEC-E2012-191 where the Complainant was awarded €24,000 in respect of the discrimination and €5,000 in...

Equality Decisions published today – €52,000 award for discrimination and victimisation

21 Jan 2013

The Equality Tribunal have published 41 decisions in respect of December 2012 today on their website http://www.equalitytribunal.ie/Press-Releases-1/Press-Releases/What’s-New/The-Equality-Tribunal-publishes-41-decisions-for-December-2012.html. We have highlighted one of a series of cases below namely DEC-E2012-175 Murphy...

Unfair Dismissal and Reinstatement due to disproportionate sanction

21 Jan 2013

In Weveron Da Silva v Kepak the Claimant was employed by the Respondent from 2002 to 2010 and was dismissed for abusive objectionable and threatening behaviour towards his manager. A subsequent...

Unfair Dismissal – Failure of employer to attend hearing leads to award of €140,000

20 Jan 2013

The case of Declan Lally v Window and Roofing Concepts Limited UD 183/2011 demonstrates the importance of an employer receiving proper advice on the implications of not attending an Employment...

Unfair Dismissal and the question of proportionality

20 Jan 2013

The case of Mark Devlin v Ladbroke (Ireland) Limited UD442/2011 reported this week by the Employment Appeals Tribunal again demonstrates the key principle that any dismissal must be proportionate to the alleged misconduct. Background...

Constructive Dismissal and the onerous burden of proof

19 Jan 2013

The recent case of Daniel O’Gorman v Glen Tyre Company Limited UD 2314/10 sent by the Employment Appeals Tribunal on 18th January 2013 demonstrates the high burden of proof a resigning employee...

Workplace Investigations – Top Questions Asked

18 Jan 2013

We have outlined below some of the most frequently asked questions we come across during workplace investigations. Over a series of recent blog posts we have highlighted some of the...

Personal Injuries Board Fees for Respondents Reduced by 30%

17 Jan 2013

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...

Personal injury and Periodic Payment Orders

17 Jan 2013

On Tuesday of this week, the Minister for Justice Equality and Defence, Alan Shatter T.D. announced that the Government had approved proposals to prepare legislation to give courts new powers...

Discrimination and Freedom of Religion – British Airways Worker wins ECHR case

16 Jan 2013

It was reported in the media yesterday that a British Airways employee won a landmark discrimination case against the airline in relation to the wearing of a cross at work....

Workplace Investigations and costly mistakes!

14 Jan 2013

To date we have looked at some of the key principles in conducting a fair workplace investigation and we now turn our attention to the consequences of conducting an unfair...

Workplace Investigations – Part Two

10 Jan 2013

Following on from my blog post on Tuesday I now propose to look at some of the areas which trouble employers most in this difficult area. Before looking at some of the...

Workplace Investigations – Part One

08 Jan 2013

The demand for investigations in the workplace is growing and continues to cause employers headaches in terms of both the time and indeed the cost including management time expended in the carrying out of same....

Unfair Dismissal due to ambiguity in contract and legitimate expectation

03 Jan 2013

Although a relatively short decision the recent case of Daniel Monk v Thurles Greyhound Racing and Sports Association Limited UD 410/2011 MN 396/2011 highlights the importance for employers of ensuring the terms...

Failure to conduct “open minded” and “full” investigation leads to award of €65,000

02 Jan 2013

The case of Michael Morales v Carton Bros UD 835/2011 is interesting as it sets out in detail the steps required to carry out a proper and fair investigation where...

Data Protection – Conviction for sending unsolicited text messages and emails

04 Dec 2012

Following the conviction of four companies in the Dublin District Court yesterday (December 3, 2012) for sending unsolicited text messages and emails, the Data Protection Commissioner has warned that companies...

Maternity Rights in the Workplace

27 Nov 2012

The Equality Authority has published a guide to maternity rights in the workplace in seventeen new languages and formats. Details can be found at http://www.equality.ie/en/

Unfair Dismissal Caselaw Digest

27 Nov 2012

In a round-up of last weeks Employment Appeals Tribunal decisions, a brief digest is outlined below. Although there were no specific awards to highlight, nonetheless employers should pay close attention...

Constructive Dismissal – Useful Tribunal decision summarising the law

25 Nov 2012

Although there was no finding that the Claimant was constructively dismissed, it is nonetheless useful to look at the recent Employment Appeals Tribunal case of Olivia Barry v Quinn Insurance...

Unisex Insurance and proposed gender equality from 21st December 2012 – what does it all mean?

22 Nov 2012

From December 21st 2012, it will no longer be permitted to offer differing premiums and/or benefits to policy holders based on gender. The proposed changes arose as a result of a decision...

Redundancy and unfair selection – claim for unfair dismissal fails

19 Nov 2012

The case of Oliver Flanagan v Castlethorn Construction UD 145/2010 concerned a claim for unfair dismissal on the basis that the Claimant was unfairly selected for redundancy and that his role was...

Disciplinary Procedures costs employer €23,000 – inclusion in contract is “unreasonable if not illegal”

17 Nov 2012

Amongst the decisions issues by the Employment Appeals Tribunal this week concerned the case of Jane Mangan v Clontarf Creche Limited UD 955/2011. Background The Respondent in this case had been operating...

“Sham” redundancy of CEO leads to award of €30,000

22 Oct 2012

The issue of a “sham” redundancy led to the award of €30,000 in the recent case of Marian Lovett v The Temple Bar Gallery and Studios Limited UD 284/2011. In...

Unfair Dismissal & Tesco – Tribunal overturn Rights Commisioner decision and orders re-engagement with demotion

17 Oct 2012

The case of James White against the recommendation of the Rights commissioner in the case of Tesco Ireland Limited was published by the Employment Appeals Tribunal last week. Background The Respondent...

Fixed Term Work & Penalisation – Labour Court varies Rights Commisioner decision and awards reinstatement

16 Oct 2012

The recent case of The Teaching Council v Kirwan FTC/12/15 concerned an appeal by an employer and a subsequent cross appeal by the employee against a Rights Commissioners decision that the...

Gross Misconduct? – “Mixed Signals” costs employer €10,000

14 Oct 2012

The case of Andrew Dohohoe v PH Ross Limited UD 2164/2010 reported last Thursday, highlight the dangers of “mixed messages” being sent to an employee when possible dismissal is imminent. Background The...

Redundancy – Tribunal looks at the “reasonable employer” test

12 Oct 2012

In the case of Emma Thompson Sauvage v Gerard Kennedy UD 242/2010 published yesterday, the Employment Appeals Tribunal looked at redundancy and considered what a reasonable employer would have done in...

TUPE, Unfair Dismissal and “LIFO”

10 Oct 2012

The case of Lorraine Hynes v Carlow County Development Partnership Limited UD 714/10 MN 673/2010 primarily concerned a claim for unfair dismissal (on foot of redundancy) but raises questions in relation to...

Unfair Dismissal – Claimant’s Resignation?- no exit interview and lack of records

24 Sep 2012

The recent case of Jackie Drumm v Electricity Supply Board demonstrates amongst other matters the need for accurate paperwork and employee records especially when an employee resigns from their employment. Here the...

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

12 Sep 2012

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...

Accident at Work – Crack on surface leads to €55,000 award of damages

12 Sep 2012

In this month’s Health and Safety Review, the importance of maintenance of a crack on the surface of a ramp was highlighted in the case of Jancelewicz v Tipperary Cheese Company...

Gross Misconduct – Dismissal not warranted

11 Sep 2012

In the case of Bobby Amadasun v Shannon Transport & Warehouse Company UD 369/2010 sent last Thursday, the Employment Appeals Tribunal was faced with the question of whether the Claimants behaviour amounted...

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

08 Sep 2012

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...

Successful Constructive Dismissal Claim – Tribunal question absence of witnesses to refute evidence

08 Sep 2012

The case of Darren Keating v Drycon Limited UD 2007/2010 in last Thursday’s roundup of Employment Appeals Tribunal cases was a successful claim by the Claimant for constructive dismissal, which as...

Accident at Work – Plaintiff’s claim fails due to her responsibility for cleaning regime

06 Sep 2012

This month’s Health and Safety Law Review highlights the case of Wall v Delta Centre Limited High Court Waterford June 2010 whereby the High Court dismissed a claim for damages...

High Court Accident at Work Claim fails – Plaintiff not employee of Defendant

05 Sep 2012

Whilst reviewing health and safety updates for a paper I am preparing, I came across the case of Donnelly v LPB Building Services Limited and Bernard Tansey [2012] IEHC 17 of which the Judgement...

Redundancy – Claim for unfair selection fails

04 Sep 2012

The case of Neil Whittle v Dunmore East Fisherman’s Co-operative Society Limited UD 847/2010 sent on 20th August 2012 concerned a claim of unfair selection for redundancy. The Claimant in this case...

Constructive Dismissal and alleged Bullying and Harassment – Did the Employer do enough?

03 Sep 2012

The case of O’Dwyer v A Respondent UD1232/2010 revisits the extremely difficult issue of workplace bullying together with constructive dismissal. It is an interesting decision in a number of areas and perhaps...

Redundancy – Claimant’s request for guaranteed six months employment in alternative role rejected

02 Sep 2012

In the case of Anna Kuranova v G4s Security Services UD526/2010 sent last week by the Employment Appeals Tribunal email service, the Claimant’s claim for unfair dismissal was rejected by the Tribunal....

Alleged undue influence in appeal hearing leading to finding of unfair dismissal and re-engagement

01 Sep 2012

Amongst the Employment Appeals Tribunal cases available this week include the case of Karen Egan v Ulster Bank Group (Ireland) Limited UD 1772/2010. This case is interesting as the Tribunal ultimately...

Dublin Bus loses appeal against circuit court order directing it to release CCTV footage in personal injury claim

31 Aug 2012

In a decision made available on the courts website on 8th August 2012, the High Court dismissed an appeal by Dublin Bus against a circuit court order requiring it to...

High Court quashes €92,000 award to Pakinstani Chef whose employment contract without an employment permit was substantively illegal

31 Aug 2012

It has been reported in the Irish Times today that the High Court has quashed a €92,000 award made to a Pakistani chef which had been the subject of much...

Pregnancy related dismissal – Tribunal notes “Respondent’s procedures were defective and could be said to be crude”

29 Aug 2012

In the case of Aylamba Chocken v The Fitzpatrick Club Limited UD 1992/2010, MN 1993/2010 sent on 23rd August 2010, it was alleged that the Claimant, a casino dealer/croupier, had been dismissed without...

Court of Justice upholds Compulsory Retirement Age of 67 in Sweden

28 Aug 2012

In this case (Hornfeldt v Posten Meddelande) the Claimant worked for the postal service in Sweden until he reached 67 when his employment was terminated in accordance with the Swedish national retirement age. The...

EAT Decisions sent 23.08.12 – Constructive Dismissal – Employer guilty of conduct amounting to significant breach of contract

28 Aug 2012

In the case of Michael Murray v Rockabill Shellfish Limited UD 1832/2010, the Employment Appeals Tribunal restated the test for constructive dismissal and found in the Claimant’s favour. In this case...

EAT Decisions sent 23.08.12 – Fixed term employee and redundancy – cessation of purpose of role

27 Aug 2012

In the case of Nora Doyle v Department of Education and Donard National School UD 390/2012, RP 681/2011 the claim of unfair dismissal was withdrawn at the outset and the case...

Fanning v Myerscough 2012 IEHC 128 – Accident at Work and test for Contributory Negligence when breach of statutory duty

24 Aug 2012

This case (judgement delivered on 27th March 2012) concerned an accident which occurred on 4th March 2008 in the course of the Plaintiff’s employment with the Defendant. The Plaintiff sustained...

E.A.T decision sent 23.08.12 – Tesco in the firing line for procedural errors in dismissal including reliance on circumstantial evidence

24 Aug 2012

Amongst the decisions sent by the Employment Appeals Tribunal yesterday 23rd August includes the appeal of Ingrid Vasiova in respect of the Rights Commissioner decision dated 29th June 2010 (reference r-084585-ud-09/RG) concerning her...

US Court rules Vatican cannot be held legally liable for activities of Irish priest

22 Aug 2012

Interesting report in the Irish Independent today whereby a US District Court has held that the Vatican cannot be held legally liable for the activities of a paedophile Irish priest. An...

Interesting statistics from the World Intellectual Property Organisation (“WIPO”)

09 Aug 2012

A World Intellectual Property Organization publication provides an overview of intellectual property (IP) activity based on the latest available year of statistics (2010). The report covers patents, utility models, trademarks...

EAT Decisions sent 02.08.12 – Claimant not unfairly dismissed but Tribunal critical of Ryanair’s procedures at investigation meeting

09 Aug 2012

The decision of Davide Colli v Ryanair Limited UD 193/2010 sent last week makes for interesting reading. The case concerned the dismissal of the Claimant as a result of the carrying out of...

Brennan’s packaging “confusingly similar” to McCambridges – 48 hours to change packaging

08 Aug 2012

Brennans recently lost their appeal against a High Court ruling that its brown bread packaging was confusingly similar to that used by competitors McCambridge. In its ruling on 31st July 2012, the...

HSA publishes very useful draft guide on the carraige of dangerous goods by road and invites public comment

03 Aug 2012

The Health and Safety Authority has published a draft guide for business in respect of the carriage of dangerous goods by road and is inviting public comments on same before...

Health and Safety Law Update – Corporate Manslaughter fine of £480,000 for UK Company

31 Jul 2012

In a recent briefing from the Health and Safety Review, the long awaited decision in the corporate manslaughter prosecution case of Crown Prosecution Service v Lion Steel Limited : Manchester...

Press Release – update on the review of copyright legislation by the copyright review committee

31 Jul 2012

The Independent Copyright Review Committee is currently in the process of evaluating the approximately 180 submissions it has received since the publication of its comprehensive discussion document on February 29,...

Minister brings High Court action to clarify Labour Court ruling that a teacher is an “employee” of the Minister

31 Jul 2012

Interesting report in the Irish Times today on a case I came across recently from the Labour Court. The Minister for Education has brought a High Court action seeking to...

Extension of doctrine of “vicarious liability” – Bishop is vicariously liable for actions of priest even though priest is not “employee” of bishop

30 Jul 2012

In a very interesting case (JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938 (CA (Civ Div)) (England and Wales)) reported in Irish Times today, a judgment...

Health and Safety Law update – 18 month suspended sentence for roofing contractor – no fall protection mechanism in place

26 Jul 2012

Unfortunately workplace accidents are all too common and this months’s health and safety law review only confirms this unfortunate position. The case of DPP for HSA v Patrick Rooney: Circuit...

Tribunal highly critical of investigation process and revisits obligations of employers towards our changing workforce

25 Jul 2012

In the case of Ying Liu v Dunnes Stores (UD 1751/2010, 1705/2010) a decision sent on 20th July, the Employment Appeals Tribunal were particularly critical of the Respondent (Dunnes Stores) treatment of a...

Decision warns that breach of “trust and confidence” not a label to used by employers when considering dismissal

23 Jul 2012

Following on from my recent post last week on what constitutes a breach of trust in the employer employee relationship http://wp.me/p2ptoI-2D, I thought it useful to mention the UK case of Mr. Michael...

EAT Decision 20.07.12 – TUPE, the automatic right to transfer and it’s applicability to single employees!

23 Jul 2012

Yet another interesting case sent by the Employment Appeals Tribunal on Friday 20th July. The case of Kevin Carroll v SR Technics Ireland Limited UD1419/2010, MN 1364/2010, WT 585/2010 highlights...

EAT Decisions sent 12.07.12 – What constitutes a breach of trust?

19 Jul 2012

Amongst the cases sent last Thursday 12th July from the Employment Appeals Tribunal includes the case of Mark Sargeant v Thyssenkrupp Elevator Ireland Limited, UD2304/10 whereby the Employment Appeals Tribunal concluded that the...

Equality Authority New Code of Practice on Harassment at Work – Statutory Instrument 208 of 2012

18 Jul 2012

The Equality Authority has prepared a new code of practice on harassment at work – the Employment Equality Act 1998 (Code of Practice)(Harassment) Order 2012 (Statutory Instrument 208 of 2012)....

Another Court ruling on sickness and holiday rights – the “Anged” Case

18 Jul 2012

In yet another ruling handed down on 21st June 2012 the Court held that a worker who becomes unfit for work during a period of statutory annual leave must, under the...

Equality Authority calls for new/ amended legislation so that genetic mothers of surrogate babies be entitled to take maternity leave and claim child-benefit payments

11 Jul 2012

In its final annual report (published on 9th July 2012) before being merged with the Human Rights Commission, the Equality Authority has drawn attention to the issue of the non-recognition...

EAT Decisions 07.07.12 – Fixed Term Workers, Redundancy, Objective Justification and Re-engagement!.

09 Jul 2012

Maeve Dupont v St. Patrick’s College Drumcondra UD 1627/2010, RP2159/2010 Overview In this case the Claimant was made redundant after the Respondent was requested not to fill the Claimant’s role pending the...

EAT decisions sent Friday 07.07.12 – A win for Dell concerning their appeals in respect of the EC (Protection of Employment) Regulations 2000

08 Jul 2012

Amongst the Employment Appeals decisions sent last Friday, 7th July 2012, was the appeal by Dell Products Limerick against a number of Rights Commissioner decisions in respect of the (Protection of Employment) Regulations...

Labour Court Fixed Term Worker decision – DIT v Stephen Nealon – Labour Court No. FTD 126

08 Jul 2012

The Dublin Institute of Technology v Stephen Nealon, Determination of the Labour Court No FTD 126 Although the determination was issued on 17th February 2012, it is always useful to...

UK Employment Tribunal Statistics 1 April 2010 to 31 March 2011 – A Brief Synopsis

04 Jul 2012

Recently published statistics from the UK Employment Tribunal (covering the period from 1 April 2011 to 31 March 2012) highlight a significant fall (15%) in Employment Tribunal claims. During the 12 month period...

Hegarty Case first ever Irish/EU conviction for price fixing by Jury

04 Jul 2012