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Case Law

G4S Secure Solutions (Ire) Limited v Dominic Shine [2017]

Case reference:ILCR.Determination.No..UDD1744   This case involved a claim of unfair constructive dismissal by the complainant. The complainant had worked as a security guard for the respondent company. One night, an incident had occurred while he was working, namely a power cut resulting in the alarm going off. Accordingly, the complainant foll...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Board Of Management Of Kilmeen National School v Joyce O' Driscoll [2017]

Case reference:ILCR.Determination.No..DWT1724   This case involved a claim in relation to holiday pay. The complainant claimed that her payments on public holidays and during annual leave should have been by reference to the rate of pay that she contended she was entitled to, and not by reference to what she had actually been in receipt of. Acco...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Sandra Nogueira and Others v Crewlink Ireland Limited and anor and Ryanair DAC [2017]

Case reference:C-168/16.and.C-169/16   This preliminary ruling concerned the joint cases of C-168/16 and C-169/16. Both cases concerned the condition of performance and termination of individual contracts of employment for air crew and the international jurisdiction of the Belgian Courts to determine such disputes. All the plaintiffs in...
This article is listed under the following topics:
Contracts of Employment
Case Law

A Clerical Officer v A State Body [2017]

Case reference:ADJ00006574   This case involved a complaint that the claimant was discriminated by reason of his age. He was allegedly not promoted by the respondent due to his relative youth in comparison with other candidates. The complainant submitted that a number of actions of the interview board indicated discriminatory ...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

Dublin City Council v A Worker [2017]

Case reference:ILCR.Recommendation.No..21562   This case involved a claim that the respondent employer failed to afford the complainant due process and fair procedures. An investigation into the complainant had been initiated following a complaint against him by a colleague who had alleged the complainant had threatened them. Following an inves...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures
Case Law

A Board of Management v A Worker [2017]

Case reference:ILCR.Determination.No..EDA1726   This case involved a claim that the worker had been discriminated against, by the respondent, on the age ground, resulting in her failing to be promoted to the position of Deputy Principal. The complainant had been shortlisted for interview in a competition for the role, but had not been the succes...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

Genockey v The Governor and Company of the Bank of Ireland [2017]

Case reference:IEHC.498   This case involved a claim of misrepresentation, breach of contract and negligent misstatement arising from the defendants withdrawing their employment offer to the plaintiff. The plaintiff had emailed her curriculum vitae to a senior manager in the defendant company and asked to be considered for ...
This article is listed under the following topics:
Contracts of Employment Recruitment and Selection
Case Law

Ville de Nivelles v Rudy Matzak [2017]

Case reference:C-518/15   This case was a reference to the Advocate General by the Belgian National Courts. The Court was asked for guidance on whether 'working time' per Directive 2003/88/EC includes situations where workers are required, on a rota basis, to be on stand-by within a specified radius of their workplace. The ...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Bărbulescu v Romania [2017]

Case reference:ECtHR.61496/08   Readers may remember that we reported on this case at the European Court of Human Rights in January 2016. It involved a Romanian employee who was employed in Bucharest as a sales engineer. At his employer’s request, for the purpose of responding to customers’ enquiries, he created an instant messag...
Case Law

A Driver v A Charitable Organisation [2017]

Case reference:ADJ-00005587   The employee alleged that he had been the subject of an unfair investigation and had been dismissed for taking his employer’s van home, when taking vehicles home was commonplace and was generally done to expedite work routines the following day. On the day in question, a Saturday, the employee in...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures