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Case Law

Cinders Limited v Celina Byrne [2018]

Case reference:ILCR.Determination.No..RPD1811   This was an appeal of the decision of the Adjudication Officer regarding a redundancy payment. The complainant had been employed as a sales assistant with the respondent for twenty years before she was informed that the outlet she was working in for the respondent, in Dublin 4, was being closed dow...
This article is listed under the following topics:
Redundancy and Reorganisation
Case Law

Pierce Dillon v The Board of Management of Catholic University School [2018]

Case reference:IECA.292.   This is a Court of Appeal case regarding the legality of the disciplinary process conducted by the respondent. As a result of the disciplinary process by the respondent Board of Management it was found that the applicant had engaged in "inappropriate behaviour" towards a student. Following on from ...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Case Law

Kepak Convenience Foods Unlimited Company v Grainne O'Hara [2018]

Case reference:ILCR.Determination.No..DWT1820   This case involved a cross appeal by the respondent and complainant concerning the Adjudication Officer's decision and the level of compensation awarded. The complainant had complained that the volume of work she was expected to undertake, including recording her activities and engagement with cust...
This article is listed under the following topics:
Working Time and Leave
Case Law

Irish Prison Service v A Prison Officer [2018]

Case reference:ILCR.Determination.No..EDA1837   This case was an appeal, by the respondent, of a decision of the Adjudication Officer. The complainant was a prison officer who had been injured in 2007 while relocating a violent prisoner. He sustained a further injury in 2011 and was out of work for five months. Before returning to work, the resp...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Dunnes Stores v Mary Doyle Guidera [2018]

Case reference:ILCR.Determination.No..EDA1838   This case involved an appeal by both the complainant and the respondent. The complainant was an Assistant Manager who suffered from a disability and had been absent from work for over 2 years. The complainant had been dismissed on the 26th of September 2016 by the respondent as she had not been abl...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality
Case Law

Pat The Baker v Conor Brennan [2018]

Case reference:ILCR.Determination.No..TUD1813   This case involved an appeal of an Adjudication Officer's decision. The complainant's notice of appeal was received a day outside the statutory time period, however he sought to have the appeal admitted as it was made outside of time due to exceptional circumstances, namely, his solicitor's miscalc...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Cedarglade Limited v Tina Hliban [2018]

Case reference:ILCR.Determination.No..UDD1843   This case involved a claim of constructive dismissal. The complainant alleged that she had resigned from the respondent company following an allegedly unfair bullying and harassment disciplinary procedure by the respondent. The complainant argued her resignation met the criteria set down in the Act...
Case Law

Helene McManus v Health Service Executive [2018]

Case reference:ADJ-00009162   The complainant, a Home Help Manager, brought a complaint on grounds of gender in relation to her conditions of employment. She argued she performed “like work” with a named male comparator and was therefore entitled to the same remuneration. The complainant was on a gross annual salary of €55,000,...
This article is listed under the following topics:
Discrimination and Equality Pay and Conditions of Employment
Case Law

Danceglen Limited T/A Dunboyne Castle Hotel & Spa v Fernando Ribeiro [2018]

Case reference:UDD1839   This case involved a claim that the complainant had been unfairly dismissed. The dismissal had been initiated after the respondent had been advised that the appellant had a USB key with company information on it. The general manager and the HR manager decided to raise the matter with the appellant ...
Case Law

Galway Mayo Institute of Technology v Vlad Teleanca [2018]

Case reference:EDA1835   This case involved a complaint of discrimination on the ground of race regarding getting a job, promotion, training and terms and conditions of employment. The complainant contended that he had been treated differently to other colleagues as he was a Romanian. He identified a number of comparators ...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection