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Case Law

Homecare Medical Supplies v Pauline O'Connell [2017]

Case reference:ILCR.Determination.No..UDD1747   This case involved a claim of constructive dismissal. The complainant had been a Retail Supervisor and submitted that she had been demoted following an open competition for a new role of 'Team Leader'. She claimed that there was no material difference between her current role as Retail Supervisor a...
Case Law

Maio Marques da Rosa v Varzim Sol [2017]

Case reference:EUECJ.C-306/16   Our readers will be aware the Working Time Directive is health and safety at work legislation, brought into force in Ireland under the Organisation of Working Time Act, 1997. All workers are entitled to have breaks while they are at work and rest periods between working days or nights. The Organisa...
This article is listed under the following topics:
Working Time and Leave
Case Law

Quigley v The Health Service Executive [2017]

Case reference:IEHC.654   This case involved a claim by the plaintiff that the defendant was not entitled to terminate his employment based on age. The plaintiff had worked for the defendant since 1998 and was informed a month before his 65th birthday that his employment would terminate with effect from his 65th birthday. T...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment
Case Law

Noonan Services Group Limited v Michelle O'Connor [2017]

Case reference:ILCR.Determination.No..UDD1743.   This case involved a claim of unfair constructive dismissal by the complainant. The complainant had been absent from work for nearly 2 years due to a serious illness and had sought in June 2012 to return to her old position without giving notice to the respondent of her intention to do so. The resp...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence
Case Law

G4S Secure Solutions (Ire) Limited v Dominic Shine [2017]

Case reference:ILCR.Determination.No..UDD1744   This case involved a claim of unfair constructive dismissal by the complainant. The complainant had worked as a security guard for the respondent company. One night, an incident had occurred while he was working, namely a power cut resulting in the alarm going off. Accordingly, the complainant foll...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Board Of Management Of Kilmeen National School v Joyce O' Driscoll [2017]

Case reference:ILCR.Determination.No..DWT1724   This case involved a claim in relation to holiday pay. The complainant claimed that her payments on public holidays and during annual leave should have been by reference to the rate of pay that she contended she was entitled to, and not by reference to what she had actually been in receipt of. Acco...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Sandra Nogueira and Others v Crewlink Ireland Limited and anor and Ryanair DAC [2017]

Case reference:C-168/16.and.C-169/16   This preliminary ruling concerned the joint cases of C-168/16 and C-169/16. Both cases concerned the condition of performance and termination of individual contracts of employment for air crew and the international jurisdiction of the Belgian Courts to determine such disputes. All the plaintiffs in...
This article is listed under the following topics:
Contracts of Employment
Case Law

A Clerical Officer v A State Body [2017]

Case reference:ADJ00006574   This case involved a complaint that the claimant was discriminated by reason of his age. He was allegedly not promoted by the respondent due to his relative youth in comparison with other candidates. The complainant submitted that a number of actions of the interview board indicated discriminatory ...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

Dublin City Council v A Worker [2017]

Case reference:ILCR.Recommendation.No..21562   This case involved a claim that the respondent employer failed to afford the complainant due process and fair procedures. An investigation into the complainant had been initiated following a complaint against him by a colleague who had alleged the complainant had threatened them. Following an inves...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

A Board of Management v A Worker [2017]

Case reference:ILCR.Determination.No..EDA1726   This case involved a claim that the worker had been discriminated against, by the respondent, on the age ground, resulting in her failing to be promoted to the position of Deputy Principal. The complainant had been shortlisted for interview in a competition for the role, but had not been the succes...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection