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 [...]

Constructive Dismissal – Recent Caselaw from the Employment Appeals Tribunal

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 Ryanair Limited UD1222/2011 the Tribunal was asked to consider whether the claimant had satisfied the test for constructive dismissal in [...]

Interesting Employment Appeals Tribunal Case On Duplication of Proceedings

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 both parallel proceedings before the Employment Appeals Tribunal and the High Court and the powers of the Tribunal in this [...]

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

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 extracts from the judgement delivered on 15th May 2013 below. Background The plaintiff in this case was employed by the [...]

By |2019-10-18T10:20:10+00:00June 4th, 2013|Bullying and Harassment, Discrimination, Equality, Equality Tribunal, High Court, Labour Court, latest news, Litigation, Personal Injury, Personal Injury Assessment Board|Comments Off on Personal Injury and Equality Claims – High Court considers duplication of proceedings

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

Bullying in Schools – Establishment of Anti Bullying Working Group and Action Plan

The Department of Education recently launched an action plan in January 2013 against cyber bullying in schools which has unfortunately become an epidemic especially with the ever-growing popularity of social media. Minister Ruari Quinn commissioned the report and arranged for the establishment of an Anti Bullying Working Group who were tasked with [...]

By |2019-10-18T10:19:25+00:00March 6th, 2013|Bullying and Harassment, latest news, Schools, social media|Comments Off on Bullying in Schools – Establishment of Anti Bullying Working Group and Action Plan

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

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 Management of a Secondary School (Respondent) DEC-E/2012/103 published by the Equality Tribunal last summer which concerned the difficult issue of [...]

By |2019-10-18T10:19:03+00:00February 18th, 2013|Bullying and Harassment, Contract of Indefinite Duration, Discrimination, Equality, Equality Tribunal, Investigation, Schools, Sexual Harassment, Victimisation|Comments Off on Victimisation results in award of 18 months salary for teacher before Equality Tribunal

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

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 the Labour Court noted that "the burden of proving the absence of victimisation rests with the Respondent in accordance with [...]

By |2019-10-18T10:19:03+00:00February 7th, 2013|Appeal Hearing, Discrimination, Equality Tribunal, Labour Court, Religious Discrimination, Unfair Dismissal, Victimisation, Workplace Investigations|Comments Off on Victimisation – Labour Court considers if dismissal a reactive response to complaints made

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

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 recent High Court case of Browne v Minister for Justice, Equality and Law Reform and Others, judgement in which was [...]

By |2019-10-18T10:19:03+00:00January 30th, 2013|Bullying and Harassment, Contracts of Employment, Defamation, Grievance, Investigation, Personal Injury|Comments Off on Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000

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

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, harassed and denied payment of expense claims. Justice Cross delivered his judgement on 4th December 2012 in the case of [...]

By |2019-10-18T10:19:04+00:00January 29th, 2013|Bullying and Harassment, Defamation, High Court, Investigation, Negligence, Victimisation|Comments Off on Bullying and Harassment – Recent High Court case awards retired detective garda €85,000

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

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 alleged he was discriminated against on the grounds of sexual orientation and that he was further victimised in this regard. [...]

By |2019-10-18T10:19:04+00:00January 23rd, 2013|Bullying and Harassment, Constructive Dismissal, Contracts of Employment, Discrimination, Employee Handbook, Equality, Equality Tribunal, Equality Tribunal Decisions December 2012, Workplace Investigations|Comments Off on Homophobic working environment leads to award of €24,000 for discrimination and victimisation

Constructive Dismissal and the onerous burden of proof

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 must demonstrate in order to prove that they have been constructively dismissed. Interestingly in this case the Tribunal noted that [...]

Workplace Investigations – Top Questions Asked

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 recent case-law in this complex area and we now turn our attention to the more practical challenges out there. Always remember no two [...]

By |2019-10-18T10:17:02+00:00January 18th, 2013|Bullying and Harassment, Grievance, Investigation, Workplace Investigations|Comments Off on Workplace Investigations – Top Questions Asked

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

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 one could question whether the Respondent did deal with the attempts reportedly made by the Claimant to resolve her situation [...]

By |2019-10-18T10:16:41+00:00September 3rd, 2012|Bullying and Harassment, Constructive Dismissal, Employment Appeals Tribunal Decisions 30th August 2012, Unfair Dismissal|Comments Off on Constructive Dismissal and alleged Bullying and Harassment – Did the Employer do enough?