Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

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 from continuing a process of internal disciplinary against him including various declaratory orders which he contended related to the inordinate [...]

By |2019-10-18T10:25:27+00:00May 10th, 2016|An Garda Siochana, Appeal, Disciplinary Hearing, Disciplinary Meetings, Garda Siochana (Discipline) Regulations 2007, Gross Misconduct, Investigation, latest news, Litigation, Supreme Court|Comments Off on Judicial Review in An Garda Siochana Internal Disciplinary and Ongoing Suspension

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

Increase District Court and Circuit Court Jurisdiction from 3rd February 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 to €15,000 The new Circuit Court jurisdiction in civil proceedings will increase from 38.092 to €75,000 except in personal injury [...]

By |2019-10-18T10:26:23+00:00January 3rd, 2014|Circuit Court, District Court, latest news, Litigation, Personal Injury|Comments Off on Increase District Court and Circuit Court Jurisdiction from 3rd February 2014

TUPE – Information and Consultation Obligations

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 with the key area of informing and consulting with employees where the Regulations apply. In our previous blog post we [...]

By |2019-10-18T10:21:03+00:00September 26th, 2013|Information and Consultation, latest news, Transfer of Undertaking Regulations 2003, TUPE|Comments Off on TUPE – Information and Consultation Obligations

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

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

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 it impacts on the workplace. This case is one to watch as it concerns a breach of contract action, which [...]

By |2019-10-18T10:19:25+00:00March 19th, 2013|Constructive Dismissal, Contracts of Employment, Facebook, Freedom of Expression, latest news, Privacy, social media, Unfair Dismissal|Comments Off on Facebook posting and demotion – English High Court rules in favour of Employee but expresses “real disquiet” about the financial award

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

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

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

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

In a judgement delivered on 31st January 2013 in Treacy v Irish Packaging Recycling Limited [2013] IEHC 41, Justice Laffoy considered whether the defendant was liable for breach of contract in respect of how the plaintiff was dismissed. Background The Plaintiff commenced employment with Greyhound Recycling & Recovery in September 2008 as a [...]

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

In the decision of Laffoy J in Cribbin v PLC Ingredients Limited & Anor delivered on 3rd October 2012,  the High Court refused to interfere in an investigation process as part of an application for injunctive relief. We have referred extensively to extracts from the judgement of Justice Laffoy below and a link is provided to [...]

By |2019-10-18T10:19:03+00:00February 4th, 2013|Confidental Information, Contracts of Employment, Employee Handbook, High Court, Injunction, private investigator, Workplace Investigations|Comments Off on Disciplinary Process & Workplace Investigation – High Court refuses to interfere as part of application for injunctive relief

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

Workplace Investigations and costly mistakes!

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 investigation. As outlined below, a number of costly lessons were learned and whilst some of the mistakes seem fundamental, [...]

By |2019-10-18T10:17:03+00:00January 14th, 2013|Bullying and Harassment, High Court, Investigation, Workplace Investigations|Comments Off on Workplace Investigations and costly mistakes!

Interesting article Irish Times on Oracle/Google lawsuit concerning whether a Company can Copyright Application Program interfaces (API’s)

Interesting article in the Irish Times on 7 June 2012 concerning the ongoing Oracle/Google lawsuit.  A US judge has decided that Oracle cannot exert copyright against Google over software tools used to develop the Android mobile phone platform. The core issue in the long-running Oracle/Google lawsuit of whether a company can copyright APIs [...]

By |2019-10-18T10:15:40+00:00June 11th, 2012|copyright, Litigation, social media|Comments Off on Interesting article Irish Times on Oracle/Google lawsuit concerning whether a Company can Copyright Application Program interfaces (API’s)

High Court order compels Facebook to reveal IP identities of tormentors

In an article on skynews, Nicola Brookes who was targeted by so-called online trolls has won backing from the High Court to have her tormentors' identities disclosed.  Her anonymous tormentors set up a fake Facebook profile in her name using her picture to post explicit comments and lure young girls, her [...]

By |2019-10-18T10:15:19+00:00June 11th, 2012|Facebook, latest news, Litigation|Comments Off on High Court order compels Facebook to reveal IP identities of tormentors