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Case Law

Complainant and Various (Bakery Case) [2017]

Case reference:ADJ-00004390..   In a recent decision of the Workplace Relations Commission (WRC) it was found that a Dublin bakery did not discriminate by refusing to bake a cake containing the words, “gay marriage is a perversion of equality”. The man who placed the order with the bakery took a case under the Equal Status Acts a...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Irish Rail v Michael Flanagan [2017]

Case reference:EDA1716   The complainant, Mr. Flanagan, worked for Irish rail from 2004 until he fell ill in January 2015. In the engagements that followed the complainant disclosed that he had been suffering from epilepsy since 1997 and it was being managed by his GP. The respondent’s medical advisors concluded that the...
This article is listed under the following topics:
Discrimination and Equality
Case Law

DHL Supply Chain (Ireland) Limited and M.K. Human Resources Limited T/A Temple Recruitment v Monika Martela [2017]

Case reference:ILCR.Determination.No..EDA1721.   This case involved an allegation by the complainant that she was treated less favourably and dismissed on the grounds of disability. She also claimed that she had been victimised by M.K. Human Resources Limited (the Agency) for previously referring a complaint. The complainant had been on long-term...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality
Case Law

Iarnrod Eireann v A Worker [2017]

Case reference:ILCR.Decision.No..LCR21520   This case involved a claim that the complainant had been denied access to the Company Pension Scheme (the Scheme). Under the terms of the Scheme, only individuals in a permanent position between the age of twenty and fifty could access it. As the complainant was employed on a contract of indefinite...
This article is listed under the following topics:
Discrimination and Equality Pensions
Case Law

Helen Earley v Health Service Executive (No.2) [2017]

Case reference:IECA.207   This appeal concerned the re-assignment of the plaintiff from the operational and clinical nursing duties specified in her contract of employment to non-operational duties. Although this re-assignment did not result in any loss of remuneration, or loss of reputation or status, the Court in their fi...
This article is listed under the following topics:
Disciplinary and Grievance Issues Contracts of Employment
Case Law

Byrne v Minister for Defence [2017]

Case reference:IEHC.453   The Applicant filed an application for Judicial Review seeking a number of reliefs following not being considered (or informed of the formation of a promotion board) for a promotion from the rank of Captain to Commandant while on maternity leave. The Applicant left the army as a direct result. On 2...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

G4S Secure Solutions (Ire) Limited v Tiina Villi [2017]

Case reference:ILCR.Determination.No..EDA1718   This appeal concerned a complaint that the complainant had been discriminated against on the grounds of gender. Her complaint was based on the allegation that she was allocated fewer working hours than her contract of employment provided for. She alleged that a male comparator with less service tha...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment
Case Law

Sungard Consulting Services (Ireland) Limited v Gail Dempsey [2017]

Case reference:ILCR.Determination.No..EDA1719   This appeal dealt with the preliminary issue of whether the complainant had reasonable cause to extend their time to submit a complaint of alleged discrimination based on age. The complainant had brought her complaint 23 days outside the statutory time limit of six months. The complainant alleged t...
Case Law

A Company v A Worker [2017]

Case reference:ILCR.Recommendation.No..LCR21509   This case involved a claim by the worker for the reinstatement of their contract. The worker alleged that they had been offered, and they had accepted, a contract with the company. They alleged that the contract was subsequently terminated due to an untrue allegation.In an uncontested hearing the c...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment
Case Law

Health Service Executive v Ita Long [2017]

Case reference:ILCR.Determination.No..UDD1731   This case involved a claim of unfair dismissal. The respondent denied this allegation and alleged that the complainant’s contract had been terminated following a comprehensive investigative process. The respondent also raised a preliminary issue that the complainant had not submitted her claim with...