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Case Law

Stablefield Limited v Ana Lacramioara Manciu [2017]

Case reference:ILCR.Determination.No..DWT1714   This case concerned the application by the complainant for an extension of time in exceptional circumstances. The complainant had decided to appeal the decision of the Adjudication Officer but this appeal was brought 1 day outside the 42 day statutory time limit. The complainant had sought the assi...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

Ruffley v The Board of Management of Saint Anne's School [2017]

Case reference:IESC.33   This Supreme Court case concerned a series of seemingly unremarkable events which cumulatively led to the plaintiff leaving work and failing to return due to alleged bullying and harassment. The core incident, concerning the locking of a classroom door with a pupil and teacher inside, was not in di...
This article is listed under the following topics:
Policies and Procedures
Case Law

Rosderra Irish Meats v Services Industrial Professional Technical Union [2017]

Case reference:LCR21470   This case concerned a claim that employee wages should be increased by 8% over a 24 month period (made retrospective to February 2016). The company had undeniably benefited from a pay freeze and cost reduction over the previous eight years. However, the company argued that the proposed wage increas...
This article is listed under the following topics:
Pay and Conditions of Employment
Case Law

An Employee v A Technology Company [2017]

Case reference:ADJ-00005197   This decision of an Adjudication Officer concerned the possible relocation of an employee from Dublin to Cork. The complainant worked as a Senior Design Engineer for the respondent company in their Dublin office. The complainant went on maternity leave and during this time she received a relocation...
Case Law

Lyons v Longford Westmeath Education and Training Board [2017] IEHC 272

Case reference:IEHC.272   The recent High Court decision in the judicial review application of Michael Lyons seeking to quash a decision of Longford Westmeath ETB will have both lawyers and Human Resource practitioners sitting up and paying very close attention. Although this case concerned the procedures adopted in an alle...
Case Law

King v The Sash Window Workshop Ltd [2017]

Case reference:Case.C-214/16   Advocate General Tanchev considers that it is incompatible with EU law to require a worker to take leave first before being able to establish whether he is entitled to be paid for it. In circumstances where an employer has not provided a worker with paid leave, the right to paid leave carries over ...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Britesavers Limited v Qui Zhong [2017]

Case reference:UDD1723   This case concerned a claim of unfair dismissal. Dismissal was disputed in the case; the respondent claimed that the complainant had been assured at a meeting, following an alleged incident, that her job was safe. However, the complainant argued that she had in fact been dismissed at the meeting. T...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment
Case Law

Co-op Agri Source Limited T/A Associated Trading Co-ops v Patricia Moran [2017]

Case reference:RPD177   This case involved a claim that the complainant was entitled to a redundancy lump sum payment from the respondent. The complainant claimed that she was made redundant when the respondent employer moved to offices located 10 kilometres from the original place of work. She claimed that the change of ...
Case Law

Servier Ireland Industries Limited v Juanita Wilkinson [2017]

Case reference:EDA1713   This case concerned a claim of discrimination on the gender and family status grounds. The Court had to primarily deal with whether they could hear the substantive claim as the complainant had not referred her complaint within the statutory six-month time limit. The complainant had referred her com...
Case Law

NVH v Minister for Justice & Equality and Ors [2017]

Case reference:IESC.35   Section 9 of the Refugee Act 1996 provided that a person seeking asylum is entitled to enter the State and remain here while the application for refugee status is processed. Section 9(4) also provided however, inter alia, that an applicant shall not seek or enter employment before final determinati...
This article is listed under the following topics:
Discrimination and Equality Human Rights