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Case Law

Securitas — Serviços e Tecnologia de Segurança SA v Arthur George Resendes and Others [2017]

Case reference:CJEU.C‑200/16   This CJEU case relates to Portuguese law applying the Acquired Rights Directive (implementing the equivalent of our Transfer Regulations 2003). Local law in Portugal provided that a change of service provider does not give rise to a business transfer. We do not have this same provision in the Iris...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Case Law

Couverture Limited v Katarzyna Wozniczka [2018]

Case reference:ILCR.Determination.No..EDA182   This case involved a claim of victimisation by the complainant. The complainant alleged that she had been dismissed, by the respondent, a day after she had instituted proceedings against them. The complainant had gone on maternity leave in 2012 and on her return was advised her previous job had bee...
Case Law

Occipital Limited v Joseph Hayes [2018]

Case reference:ILCR.Determination.No..EDA184   This case involved a claim that the complainant's former employer had failed to provide appropriate measures to accommodate his disability and had discriminatorily constructively dismissed him. The complainant had suffered an injuries at work in 2012 and 2013 which resulted in periods of absence fr...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality
Case Law

Select Service Partner, Ireland t/a SSP Ireland v Albert Fordjour [2017]

Case reference:ILCR.Determination.No..UDD1758   This case involved a claim of unfair dismissal by the Complainant. The Complainant had been subject to a complaint by a female colleague who claimed he had made inappropriate advances towards her. Following the complaint, he was called to attend a meeting with a senior manager, without notice of th...
Case Law

Martin-Brower Ireland Limited v William Clancy [2017]

Case reference:ILCR.Determination.No..UDD1761   This case involved a claim of unfair dismissal. The Complainant had worked for the Company for 10 years and had a good employment record until a number of incidents in March 2015. He had been found to have carried out his work unsafely as a fork lift driver, which resulted in a final written warnin...
This article is listed under the following topics:
Unfair Dismissal Health and Safety Policies and Procedures
Case Law

Castolin Eutectic Ireland Limited v Rafal Kita [2017]

Case reference:ILCR.Determination.No..UDD1754   This case involved a claim that the Complainant had been unfairly dismissed. The Respondent did not dispute the fact that the Complainant had been dismissed but claimed he had been dismissed for gross insubordination. There had been an issue between the Complainant and his supervisor on the 12th Ma...
Case Law

lorea Gusa v Minister for Social Protection, Ireland and Attorney General [2017]

Case reference:CJEU.Case.C-442/16   This case involved a Romanian plasterer who was self-employed in Ireland for the period 2008 - 2012. Due to the recession he could not find work and applied for jobseeker's allowance in 2012. His application was refused on the basis that he had not demonstrated that he continued to have a right to ...
Case Law

Lake Region Medical Limited v Monika Stachon [2017]

Case reference:ILCR.Determination.No..EDA1731   This case involved a claim that the complainant had been discriminated against based on her race and nationality, being a Polish national. The complainant had been instructed by her supervisor to speak English when working with colleagues of varying nationalities. The supervisor also explained that...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Boxmore Plastics Limited v Zanetta Zimareva [2017]

Case reference:ILCR.Determination.No..EDA1732   This case involved a claim of discrimination on grounds of race. Following an incident in December 2014 the complainant had made a complaint to the respondent pursuant to the company's internal grievance procedure. A meeting was convened on foot of this grievance, and the complainant attended the m...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Grant Engineering (Ireland) Unlimited Company v Denis Delaney [2017]

Case reference:ILCR.Determination.No..TED1728   This case involved a claim that the statement of terms of employment issued to the applicant by the respondent did not provide all the information required under the Act. The respondent alleged that any deficiency in the comprehensive statement was minor in nature and of no practical consequence. T...
This article is listed under the following topics:
Contracts of Employment