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Case Law

Genockey v The Governor and Company of the Bank of Ireland [2017]

Case reference:IEHC.498   This case involved a claim of misrepresentation, breach of contract and negligent misstatement arising from the defendants withdrawing their employment offer to the plaintiff. The plaintiff had emailed her curriculum vitae to a senior manager in the defendant company and asked to be considered for ...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection
Case Law

Ville de Nivelles v Rudy Matzak [2017]

Case reference:C-518/15   This case was a reference to the Advocate General by the Belgian National Courts. The Court was asked for guidance on whether 'working time' per Directive 2003/88/EC includes situations where workers are required, on a rota basis, to be on stand-by within a specified radius of their workplace. The ...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Bărbulescu v Romania [2017]

Case reference:ECtHR.61496/08   Readers may remember that we reported on this case at the European Court of Human Rights in January 2016. It involved a Romanian employee who was employed in Bucharest as a sales engineer. At his employer’s request, for the purpose of responding to customers’ enquiries, he created an instant messag...
Case Law

A Driver v A Charitable Organisation [2017]

Case reference:ADJ-00005587   The employee alleged that he had been the subject of an unfair investigation and had been dismissed for taking his employer’s van home, when taking vehicles home was commonplace and was generally done to expedite work routines the following day. On the day in question, a Saturday, the employee in...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

Zehnacker Ireland Healthcare v A Worker [2017]

Case reference:ILCR.Recommendation.No..LCR21545   This case involved a claim that a management led investigation was unfair. The respondent company claimed that its formal investigation was necessary due to the fact a number of serious allegations, involving racist and culture-based comments, were made against the complainant by a fellow employee....
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

Morehampton Foods Limited v Dean Gibbons [2017]

Case reference:ILCR.Determination.No..DWT1720   This appeal involved a number of alleged contraventions of the OWT Act. By law, complaints of this nature are prohibited from being presented more than 6 months from the date of the contravention to which the complaint relates. A preliminary issue arose in the case as the complainant was absent fr...
Case Law

Dudley Metropolitan Borough Council v Mr G Willetts and Others [2017] UKEAT033416JOJ

Case reference:UKEAT033416JOJ   Why is Ireland's Working Time Legislation Still Out of Date? Barrister Paul Joyce reviews the UK Employment Appeals Tribunal case of Dudley Metropolitan Borough Council v Mr G Willetts and Others [2017] UKEAT033416JOJ. Introduction Of the basic employment rights provided to workers under employment...
Case Law

DHL Express (Ireland) Ltd v Michael Coughlan [2017]

Decision number:ILCR.Determination.No..UDD1738   Legal body:lc This case involved a claim of unfair dismissal. The complainant, a courier/van driver had been summarily dismissed following an incident involving his van in October 2015. The complainant had previously been involved in a number of incidents which had resulted in both a written warning and a final ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Teagasc Agriculture and Food Development Authority v Dr Douglas Sorenson [2017]

Decision number:ILCR.Determination.No..EDA1723   Legal body:lc This case involved a claim that the complainant was discriminated against on the age ground. The Court had to deal with a preliminary issue which involved the fact that the legal arguments in this case had already been rejected by the Labour Court in related proceedings under the Protection of Empl...
Case Law

DHL Express (Ireland) Ltd v. Michael Coughlan [2017]

Decision number:UDD1738   Legal body:lc In this case, the employee, Mr. Coughlan, was awarded the maximum compensation of 104 weeks salary for unfair dismissal. The case makes clear that any “spent” or expired disciplinary sanctions cannot be used by an employer in subsequent disciplinary proceedings against an employee. It is also a r...