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Case Law

Báile átha Cliath – Dublin Bus v Claire McKevitt [2018]

Case reference:IEHC.78.   This appeal involved a claim of unfair dismissal. The complainant had been dismissed by her employer on the grounds that she did not have the capability to perform her role as a bus driver. The complainant had a multiplicity of health problems and absences, which combined, led to a multi- factorial...
This article is listed under the following topics:
Unfair Dismissal Health and Safety
Case Law

Nano Nagle School, Appellant, v. Marie Daly, Respondent [2018]

Case reference:IECA.11   This article examines a recent decision of the Court of Appeal dated 31st January 2018 in the case of Nano Nagle School, Appellant, v. Marie Daly, Respondent, [2018] IECA 11.Why is this case important for employers?The Court of Appeal in this case examined the interpretation of Section 16 of the E...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Tusla Child and Family Agency v Catherine Flynn [2018]

Case reference:ILCR.Determination.No..UDD1810   This case involved a claim of constructive dismissal. The complainant submitted that due to her working environment she had no option but to resign her position with the respondent. She submitted that she had subsequently explained, in an email to the respondent, the grounds for her resignation whi...
Case Law

Jessica Porras Guisado v Bankia S.A., Fondo de Garantía Salarial and Others [2018]

Case reference:Case.C-103/16   In the case of Jessica Porras Guisado v Bankia S.A., Fondo de Garantía Salarial and Others the European Court of Justice ruled that an organisation can make a pregnant employee redundant provided the employer relays the reasoning for redundancy in writing and that those concerned are informed of th...
This article is listed under the following topics:
Redundancy and Reorganisation Discrimination and Equality
Case Law

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

Case reference:ILCR.Determination.No..UDD1758.   Introduction From a legal and practical perspective, the abovementioned case is of great relevance as it contains a valuable lesson for all employers with regard investigating alleged issues of misconduct and furthermore in reaching their decision the Labour Court have thoroughly set out some legal...
Case Law

Ville de Nivelles v Rudy Matzak [2018]

Case reference:CJEU.C-518/15   The CJEU has ruled that stand-by time of a worker at home who is obliged to respond to calls from the employer within a short period must be regarded as ‘working time’ because the obligation to remain physically present at the place determined by the employer and the requirement to reach the place ...
This article is listed under the following topics:
Working Time and Leave A-Typical Working
Case Law

Boots Retail Limited v Luka Glogoski [2018]

Case reference:ILCR.Determination.No..UDD187   This case involved a claim for unfair dismissal by the complainant, a qualified pharmacist. The respondent company claimed that the complainant had been fairly dismissed for reasons of underperformance/ incompetence as at the time of the dismissal a final written warning of this nature was active o...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
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