Brothers of Charity v Kieran O'Toole [2016] ILCR

Posted In: Case Law
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
Issues covered: Industrial Relations Acts, 1946 to 1990; Section 29(1), Safety, Health and Welfare at Work Act, 2005; Time Limits

The case concerned an alleged penalisation of the complainant by the respondent under section 27 of the Act. However, the Court dealt with the preliminary issue of whether such an act of penalisation had occurred within the cognisable period for this complaint i.e. within six months of the date of the contravention. The complainant admitted that his initial complaint, dated the 19th November 2013, did not include events related to an injury which had only come to his knowledge in 2015. The Court affirmed that it is not the date of occurrence of penalisation which is determinative, instead it is the date of the complaint. Therefore the Court held that they had no jurisdiction to consider the

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 08/04/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email

View all articles by Legal Island