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Case Law

Richard Carron v Fastcom Broadband Limited T/A Fastcom

Case reference:UD1515/2013   Mr. Myles Gilvarry, Chairman of the Sligo division of the Employment Appeals Tribunal, made an interesting preliminary decision last month relating to a preliminary point raised by the Claimant Employee’s Solicitor Brian Morgan as to whether the respondent's representatives, Peninsula Business Serv...
Case Law

A Sales Representative versus A Books Wholesaler

Case reference:EE/2013/652   Decision number:DEC-E2016-131   Legal body:lc A recent decision of Workplace Relations Commission[1] (the “WRC”) underlines the importance for employers of properly managing dismissals on the grounds of an employee’s incapacity to work. Equally, where it is apparent that the real reason for a dismissal is an employee’s perceived incapacity, th...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Aslam, Farrar and Others v Uber BV and Others [2016]

Case reference:2202551/2015.   The London Central Employment Tribunal has held that Uber drivers are not self-employed but are workers for the purposes of the statutory rights under Working Time Regulations 1998 and the National Minimum Wage Act 1998 and whistleblowing rights under the GB Employment Rights Act 1996. In essence, ...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Ashers Baking Company Limited and others v Gareth Lee [2016]

Case reference:NICA.39   The appeal by Ashers in the NI 'gay cake' row, as it is colloquially known, has been rejected by the NI Court of Appeal. Mr Lee had requested a cake from Ashers with the phrase 'Support Gay Marriage' scanned into the icing on the top. The order was initially accepted but was later refused. This was...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Dunnes Stores v Ann Gray [2016]

Case reference:PWD1633   This case involved a night worker whose Trade Union took part in a strike for a 24 hour period. During this period the complainant was rostered to complete one shift that morning and commence a second shift that evening. The respondent had advised her that if she took part in the strike that she sh...
This article is listed under the following topics:
Pay and Conditions of Employment
Case Law

A Store v A Worker [2016]

Decision number:EDA1629   Legal body:lc This case involved an employee who was diagnosed with Multiple Sclerosis during the course of her employment. Following her diagnosis, she went on sick leave. A year later her GP certified her as fit to return to work, conditional on her being put in an alternative role more suited to her condition...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality
Case Law

Mullally & Ors v The Labour Court & Another [2016]

Case reference:IECA.291   This case involved an appeal of the High Court's decision that the High Court had no jurisdiction to judicially review a recommendation of the Labour Court (LC). The LC had issued a formal recommendation that the additional Trade Union in question should not be recognised by the employer as it woul...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Tom Moloney Ltd T/A Squire Maguire’s v Thomas Keogh [2016]

Decision number:EDA1617   Legal body:ieca At first hearing, this case resulted in four decisions in one Decision document in respect of constructive discriminatory dismissal, discrimination in respect of conditions of employment, harassment and failure to provide reasonable accommodation. At first instance, only the first was upheld and a...
This article is listed under the following topics:
Discrimination and Equality
Case Law

An Employee v An Employer [2012]

Case reference:UD2361/2010;.RP3169/2010;.MN2303/2010   The claimant began working with the respondent as an electrician in October 2001. From 2001 until 2005 the employment relationship was one without issue.In 2005 an issue arose in relation to the claimant driving a taxi. The claimant was in possession of a taxi plate which he used to enable him to d...
Case Law

Erma Foodservice Limited v PJ Fluskey [2016]

Case reference:ILCR.Determination.No..UDD1626   This case concerned the interpretation of an express contractual clause. The complainant was a food delivery driver and resigned from his position due to the respondent selling the company vehicle. The respondent claimed that the complainant was contractually obliged to provide his own personal veh...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment