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Case Law

Masterlink Logistics v Jakub Rudzinski [2016]

Decision number:ILCR.Determination.No..DWT171   Legal body:lc This case concerned a claim by the appellant that he was not in receipt of his statutory entitlement to compensation for working on a Sunday. Under the Act, an employee who is required to work on a Sunday, is entitled to a reasonable additional benefit for working on that day where this fact has no...
This article is listed under the following topics:
Working Time and Leave
Case Law

Monnie McKayed v Forbidden City Limited T/A Translations.ie [2016]

Case reference:IEHC.722   This case concerned a claim that the plaintiff had been unfairly dismissed. To resolve this dispute the court primarily focused on whether there was a mutuality of obligation between the parties. The court held that no mutual obligation existed between the parties as: the fact that work is given re...
Case Law

Capital Food Emporium (Holdings) Limited v John Walsh & anor [2016]

Decision number:IEHC.725   Legal body:iehc This case concerned the position that arises when a party and its representative do not turn up for an official hearing. In this case the court had to determine whether a breach of constitutional or natural justice, or the audi alteram partem principle, arises where the hearing proceeds due to the ...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

First Group plc v Paulley [2017]

Decision number:UKSC.4   Legal body:uksc This UK Supreme Court case will be of particular interest to those readers who work in transport or who specialise in equality matters. The case involved a wheelchair user who could not get on a bus because a woman with a sleeping baby in a buggy refused to vacate the space allocated for wheelchair...
This article is listed under the following topics:
Discrimination and Equality
Case Law

O’Leary International Limited v Anatol Lysiak [2016]

Decision number:ILCR.Determination.No..DWT1679   Legal body:lc This case concerned a number of claims under the Act. The most significant argument related to the alleged failure to pay the complainant the National Minimum Wage during his employment as a truck driver. The complainant argued that he worked in excess of the 48 hour contracted working week. The re...
This article is listed under the following topics:
Working Time and Leave
Case Law

Employer v Employee

Case reference:ADJ-00000508   Giving Reason to Reasonable Accommodation A recent decision of a Workplace Relations Commission Adjudication Officer (“AO”) (ADJ – 00000508) considers the extent of an employer's obligation to make reasonable accommodation for an employee with a disability and finds that, taking into account the sc...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality
Case Law

Noonan Services Group Limited v Elvira Kravcova [2016]

Case reference:UDD1637   This case concerned a claim that the complainant was unfairly dismissed. Following the complainant raising health issues with her employer, she was referred to the company's occupational medical advisors on two separate occasions. They found that she was at best partially fit for her tasks and woul...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Tolerance Technologies Limited v Joe Foran [2016]

Case reference:UDD1638   This appeal concerned the manner in which the Respondent employee was dismissed from his position in the Appellant company. The Respondent claimed that he was informed that he had been selected for redundancy effective immediately, with no consultation, in advance of the decision or any alternative...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation
Case Law

Cregg Labour Solutions Limited T/A Cregg Group v Gerard Cahill [2016]

Case reference:ILCR.Determination.No..EDA1635   This case involved the same claimant as in the Arravasc case but was taken against the Agency, rather than the end user. It concerned a claim that the complainant was discriminated against on the disability ground and was dismissed as a direct consequence. The complainant suffered a heart attack an...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality
Case Law

Arravasc Limited v Gerard Cahill [2016]

Case reference:ILCR.Determination.No..EDA1635   This case concerns a claim of discriminatory dismissal on the grounds of disability. The complainant had applied for work through an agency and commenced work with the respondent. A number of months later the complainant suffered a heart attack. Following a meeting with the agency he was informed t...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality