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Case Review: The interaction between the closed shop and the Constitutional right to work

Case reference:IESCDET.22.(SC).   Cathy Maguire BL reviews the case of O’Connell v Building and Allied Trades’ Union, Edward Morris, Patrick O’Shaughnessy and Michael McNamara and the Construction Industry Federation [2014] IEHC 360; [2015] 26 ELR 173 (HC); [2016] IECA 338 (CA); : [2017] IESCDET 22 (SC), which illustrates the inter...
This article is listed under the following topics:
Collective and Trade Union Issues
Case Law

O’Connell v Building and Allied Trades’ Union, Edward Morris, Patrick O’Shaughnessy and Michael McNamara and the Construction Industry Federation

Case reference:IESCDET.22.(SC)   Introduction This case (which has been subject to appeals - see [2014] IEHC 360; [2015] 26 ELR 173 (HC); [2016] IECA 338 (CA); : [2017] IESCDET 22 (SC)) illustrates the interaction between the closed shop and the Constitutional right to work. It demonstrates that while a union is entitled to approa...
This article is listed under the following topics:
Collective and Trade Union Issues
Case Law

Achbita and anor v G4S Secure Solutions NV [2017]

Case reference:Case.C-157/15   EU Head Scarf Ruling - Thin Veil of Protection for Employers Who Ban Religious Symbols in the Workplace In the first case of its kind, the European Court of Justice (ECJ) has ruled that employers can ban employees from wearing visible political, philosophical or religious symbols while at work. Th...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Case Law

Gareddu v London Underground Ltd [2016]

Case reference:UKEAT.0086_16_1512   This UK case from the Employment Appeal Tribunal (the equivalent of the Labour Court in Ireland) will be of particular interest to those readers who specialise in employment equality matters, given its focus on potential indirect discrimination claimed by an employee who wished time off at a specif...
This article is listed under the following topics:
Discrimination and Equality
Case Law

David L Parris v Trinity College Dublin & Others

Case reference:C-443/15   Mr Parris, who was born on 21 April 1946, has dual Irish and United Kingdom nationality. He has been living for over 30 years in a stable relationship with his same-sex partner. In 1972 Mr Parris was appointed by Trinity College Dublin as a lecturer. Pursuant to his contract of employment, he was a...
This article is listed under the following topics:
Discrimination and Equality Pensions Pay and Conditions of Employment
Case Law

Review of Noonan Services Group Limited v Elvira Kravcova

Decision number:UDD1637   Legal body:lc This month’s article from the Labour Court Case Law Review Panel was written by Deirdre Malone, Partner, Ronan Daly Jermyn. It concerns an unfair dismissal claim brought by an employee engaged as a cleaner (“the Claimant”) against her employer, Noonan Services Group Limited (“the Company”) and its...
This article is listed under the following topics:
Unfair Dismissal Policies and Procedures
Case Law

Mr. C Flynn v Public Appointment’s Service

Decision number:EDA1637   Legal body:lc The complainant, who suffers from ADD, asserted he was disadvantaged by stage 1 of the competition for Clerical Officer consisting of a 90-minute questionnaire and three aptitude tests. His allegations were upheld at first instance and an award of €5000 made for a failure to provide him with reaso...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Mr. J Montgomery v Department of Arts, Heritage and the Gaeltacht; Ms. K Coffey v Department of Arts, Heritage and the Gaeltacht

Decision number:DEC-E2016-133.ampersand.DEC-E2016-134   Legal body:lc Both of these cases relate to the same promotion competition held by the Department. Both the complainants are over 50 and they assert that they were unsuccessful in the preliminary round of interviews because of their age. Four staff based in their area over 50 were unsuccessful in the prelimina...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Data Classification Analyst v Market Research Company

Case reference:ADJ-00001299   The complainant asserted she was treated less favourably at work from the point where she announced her pregnancy. She asserted she was targeted, bullied, and experienced a sudden and unwarranted change in the way members of management behaved towards her. Prior to her maternity leave, she was the...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Pinnacle Security Limited T/A Pinnacle Security Group v Chris Mabuza [2016]

Decision number:ILCR.Determination.No..UDD1640   Legal body:lc This case concerned a claim of unfair dismissal. The claimant, a security guard, had been dismissed following an incident. The respondent considered that this incident amounted to a breach of the fundamental trust necessary to employ him and accordingly dismissed him. However, the respondent failed...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues