Bonus Payments and Allowances – Discretionary or Not?

In the recent case of Sandra Cleary, Ellen Bradley, Joyce Donovan, Angela Carmody, Joan Thompson, Anita Malone, Yvonne Masters, Maureen Andres, Brian McCarthy and James Dowdall v B&Q Ireland Limited the appellants were a number of employees of different branches of the Defendant who sought to challenge an Employment Appeals Tribunal ("EAT") [...]

By |2019-10-18T10:24:57+00:00June 21st, 2016|Appeal, Bonus, Breach of Contract, Constructive Dismissal, Deduction and Reduction, Grievance, Health and Safety, High Court, latest news, Litigation, Payment of Wages Act 1991|Comments Off on Bonus Payments and Allowances – Discretionary or Not?

Personal Injury High Court – Analysis of General and Special Damages

The recent case of Walsh v Tesco Ireland Limited 2016 IEHC 322 resulted in an award of 1.4m for the plaintiff and is interesting insofar as the court looked in particular in detail at the area of general and special damages.The judgement was delivered by Mr Justice Barr on 6th [...]

By |2019-10-18T10:24:58+00:00May 30th, 2016|Accident at Work, Blog, Damages, Health and Safety Authority, Health and Safety Law, High Court, latest news, Litigation, Personal Injury, Personal Injury Assessment Board, private investigator|Comments Off on Personal Injury High Court – Analysis of General and Special Damages

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

The recent case of EARAGAIL EISC TEORANTA v ANN MARIE DOHERTY, BRENDAN McGINLEY, EVELYN BOYLE, GAVIN McGINLEY, GERARD HARDY, JOHN McGINLEY, JONATHAN BYRNE, JOESPH BYRNE, JOSEPH DOHERTY, KEVIN BRESLIN, LIAM GALLAGHER, MARTIN GILLESPIE, MARY GAZLEY, MARY TUBRIDY, MICHAEL J. KENNEDY, MICHAEL O’DONNELL, NIGEL O’ROURKE, ROGER McSHANE, SEAMUS DOHERTY, SINEAD HAMILTON, [...]

By |2019-10-18T10:25:28+00:00June 15th, 2015|Appeal, Contracts of Employment, Deduction and Reduction, Employment Appeals Tribunal, High Court, Labour Relations Commision, latest news, McKenzie, Payment of Wages Act 1991|Comments Off on Important High Court Decision on Point of Law Payment of Wages Act 1991 – Case remitted to the Employment Appeals Tribunal

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

The recent case of Damhnaic Nic Bhradaig and the Employment Appeals Tribunal [2014 No. 423 MCA) concerned a new point of law brought under Section 7(4)(b) of the Payment of Wages Act 1991 concerning a decision of the Employment Appeals Tribunal with regard to the applicability of the Financial Emergency [...]

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

The recent case of the Health Service Executive v John McDermott [2014] IEHC 331 concerned an appeal pursuant to Section 7(4)(b) of the Payment of Wages Act 1991. For the purposes of this blog, we have referred extensively to the decision of the High Court including copying extracts of relevant [...]

By |2019-10-18T10:25:57+00:00March 23rd, 2015|Appeal, Contracts of Employment, High Court, latest news, Litigation|Comments Off on High Court Appeal on Point of Law – Section 6(4) Payment of Wages Act 1991

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

The Supreme Court recently handed down their judgement on 24th February 2015 in the case of Mary Stokes (on Behalf of John Stokes a Minor) and the Christian Brothers High School in Clonmel (Appeal Number 184/2012). The Equality Authority were Amicus Curiae in the proceedings. Background Justice Hardiman noted that [...]

By |2019-10-18T10:25:57+00:00March 9th, 2015|Appeal, Circuit Court, Discrimination, Equal status Act 2000, Equality Tribunal, High Court|Comments Off on Stokes v Christian Brothers High School – No Appeal to Supreme Court Under Section 28 of the Equal Status Act 2000

Defamation (Amendment) Bill 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 to protect public discourse from public bodies using the resources of the State and the powers granted to them by [...]

By |2019-10-18T10:25:58+00:00July 7th, 2014|Damages, Defamation, latest news|Comments Off on Defamation (Amendment) Bill 2014

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

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 [...]

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

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 decision of the Labour Court which was given on 17th January 2013 which the appellant had brought against a Right's [...]

By |2019-10-18T10:26:22+00:00January 8th, 2014|Accident at Work, Appeal, Health and Safety, High Court, Labour Court, latest news, Litigation, Penalisation, Unfair Dismissal, Victimisation|Comments Off on Recent High Court Decision On Penalisation under Safety Health and Welfare at Work Act 2005

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 [...]

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

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 a third party to investigate allegations against a Council member. Background The applicant was well known in sports including recently [...]

By |2019-10-18T10:21:03+00:00October 24th, 2013|Appeal, Appeal Hearing, data protection, Defamation, High Court, latest news, Litigation, Workplace Investigations|Comments Off on Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

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

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 equal treatment had been contravened by the exclusion of fixed term workers from a voluntary early retirement scheme. Background The [...]

By |2019-10-18T10:21:03+00:00October 23rd, 2013|Appeal, Fixed Term Workers, High Court, Labour Court, Labour Relations Commision, latest news, Litigation, Redundancy|Comments Off on Fixed Term Workers, Discrimination, Objective Grounds and Appeal to High Court

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 [...]

Compromise Agreements, Pension Entitlements and the Contra Proferentem Rule

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 entitlements in a severance agreement entered into between the parties on 2009 as a result of the plaintiff's position being [...]

By |2019-10-18T10:20:34+00:00July 16th, 2013|Contracts of Employment, High Court, latest news, Litigation|Comments Off on Compromise Agreements, Pension Entitlements and the Contra Proferentem Rule