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

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 of employees during certain severe weather warnings issued by Met Éireann. In addition it is proposed to amend the Criminal [...]

By |2019-10-18T10:24:30+00:00February 14th, 2018|Accident at Work, Contributory Negligence, safety at work, Safety Health and Welfare at Work Act 2005, weather|Comments Off on Extreme Weather (Miscellaneous Provisions) Bill 2018 – Safety of Employees

Health and Safety – DPP v Nolan Transport Wexford Circuit Court

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 Review to be the largest health and safety fine imposed by an Irish Court when viewed relative to the [...]

By |2019-10-18T10:19:25+00:00March 5th, 2013|Accident at Work, Health and Safety Authority, Health and Safety Law, Investigation, Negligence, Personal Injury|Comments Off on Health and Safety – DPP v Nolan Transport Wexford Circuit Court

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

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

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 by a care assistant who claimed she slipped on a wet floor in a wash room in a centre which [...]

By |2019-10-18T10:16:41+00:00September 6th, 2012|Accident at Work, Health and Safety Law|Comments Off on Accident at Work – Plaintiff’s claim fails due to her responsibility for cleaning regime

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

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 of Mr. Justice Michael Peart was delivered on 20th January 2012 in the High Court. The case was reported on [...]

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

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 7th August 2012. The guide is extremely useful in setting out areas such as road transport legislation and the law, [...]

By |2019-10-18T10:16:21+00:00August 3rd, 2012|Health and Safety Law|Comments Off on HSA publishes very useful draft guide on the carraige of dangerous goods by road and invites public comment

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

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 Court Dublin, June 2012 arose as a result of an accident in July 2007 on a farm in North Dublin.. The [...]

By |2019-10-18T10:16:00+00:00July 26th, 2012|Health and Safety Law|1 Comment

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

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 chinese national employee concerning the investigation process undertaken by them concerning alleged loyalty card fraud. Background The Claimant, a Chinese national, [...]

By |2019-10-18T10:16:00+00:00July 25th, 2012|Employment Appeals Decisions 20th July 2012, Equality, Unfair Dismissal|Comments Off on Tribunal highly critical of investigation process and revisits obligations of employers towards our changing workforce

Recent Interesting Health and Safety Law case concerning a pharmaceutical company in H&S Review June 2012

Recent interesting decisions highlighted in the Health and Safety Review for June 2012 The first decision (DPP for HSA v Corden Pharma Limited: Cork Circuit Court, June 2012) resulted in a fine for the company of €300,000 and it was ordered to pay the HSA's investigations costs of €27,193 and [...]

By |2019-10-18T10:15:39+00:00June 13th, 2012|Health and Safety Law|Comments Off on Recent Interesting Health and Safety Law case concerning a pharmaceutical company in H&S Review June 2012

First Corporate Manslaughter Prosecution in North Ireland

In the first corporate manslaughter prosecution in Northern Ireland, a pig farming company was fined 187,000 (approx €232,000) (reported in Health and Safety Review June 2012) The case of R v JMW Farm Limited, Belfast Crown Court, June 2012 concerned a worker who was killed when a large metal bin [...]

By |2019-10-18T10:15:39+00:00June 13th, 2012|Health and Safety Law|Comments Off on First Corporate Manslaughter Prosecution in North Ireland

Is a Parent Company responsible for it’s subsidiaries Health and Safety Law Policies?

In this months' health and safety review, an English Court of Appeal's decision (Chandler v Cape plc: England and Wales Court of Appeal Civil Division: April 2012) that a parent company may be responsible for the health and safety policies of it's subsidiary is certainly going to be of interest [...]

By |2019-10-18T10:15:39+00:00June 13th, 2012|Health and Safety Law|Comments Off on Is a Parent Company responsible for it’s subsidiaries Health and Safety Law Policies?