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Case Law

Cheshire Ireland v Margaret Gallagher [2016]

Decision number:DWT1673   Legal body:lc This case involved a complaint alleging that the employer breached the complainant's statutory public holiday entitlements. It was alleged that the employer had incorrectly applied the Organisation of Working Time Act. The subsequent argument centred around the claim that the complainant received t...
This article is listed under the following topics:
Working Time and Leave
Case Law

BT Ward Limited T/A Subway v Sandra Gegeckiene [2016]

Decision number:EDA1625   Legal body:lc This case involved a claim that the complainant was discriminated against on grounds of race, civil status, family status and gender. She submitted that after she informed her employer that she was pregnant, and requested paid time off, her hours were dramatically reduced. Subsequently, when her th...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Contracts of Employment
Case Law

G4S Cash Solutions (UK) Ltd v Powell [2016]

Case reference:0243_15_2608   This case might be of particular interest to those readers with employees based in the UK, although it concerns whether protection of salary can be a reasonable accommodation (known as a 'reasonable adjustment' in the UK) in a disability discrimination case and contractual variation and is therefor...
Case Law

CPL Health Care v Keith Blundell [2016]

Decision number:UDD1616   Legal body:lc This case concerned a claim of constructive dismissal based on reasons of safety, intimidation and a refusal to implement the rights of an employee. The complainant worked in a challenging environment involving children who posed a serious risk to themselves. He had advised his manager, following a...
This article is listed under the following topics:
Unfair Dismissal Pay and Conditions of Employment
Case Law

Hair Creations T/A Rausing Limited v Shaunai Reilly [2016]

Case reference:EDA1622   This case concerned a claim that the Complainant was dismissed by the Respondent on the grounds of gender. She claimed that the parties' relationship had changed after she informed management that she was pregnant. Subsequently, a few months later, she was told that there was no work for her and wa...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Case Law

Kratzer v R & V Allgemeine Versicherung AG

Case reference:CJEU.C‑423/15.   The Kratzer v R+V Allegemeine Versicherung AG [2016] case was also reviewed by Scott Alexander, Head of L&D at Legal-Island here. Vexatious litigants have troubled the legal system from as far back as the late nineteenth century prompting the introduction in the United Kingdom of the “Vexatious...
Case Law

Kratzer v R+V Allgemeine Versicherung AG [2016]

Case reference:CJEU.C‑423/15   Does a job applicant gain protection under the equal treatment Directive if the purpose of making the application is not to get the job but only to get the status of someone who could take a claim and gain compensation? The answer is no, according to the CJEU - that would be an abuse of the rights ...
Case Law

Zdenek Hrdlicka v Andrew Best Roof Limited

This article looks at Zdenek Hrdlicka v Andrew Best Roof Limited, a case in which an employee who was assaulted by a colleague issued negligence proceedings (not vicarious liability) against his employer. Case Name and Reference: Zdenek Hrdlicka v Andrew Best Roof Limited [2016] IE HC 354Court or T...
This article is listed under the following topics:
Disciplinary and Grievance Issues Health and Safety
Case Law

Tom Moloney Limited trading as Squire Maguires v Mr Thomas Keogh [2016]

Case reference:ADA.1617   Background The complainant worked full time as a barman in the respondent’s premises from August 2008 until October 2012, when he alleged that he was constructively dismissed due to a disability from his job. The complainant had attempted to take his own life on two occasions and was undergoing tre...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality
Case Law

Knockmaroon Estates Company v Radu Labionschi [2016]

Case reference:WTC/16/12   Decision number:DWT1661   Legal body:lc This case concerned a claim that the complainant, a caretaker, was required to work in excess of 48 hours a week. The respondent claimed that the parties had an agreement whereby the complainant would work outside normal working hours on a Sunday to attend the animals, and in return would get addit...
This article is listed under the following topics:
Working Time and Leave