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Case Law

Pierce Dillon v Board of Management of Catholic University School [2016]

Case reference:IEHC.674   This case concerned a challenge against the finding of the respondent that the applicant had engaged in inappropriate behaviour towards a student. The applicant sought an order quashing both this finding and the final written warning that he had received on the 21st April 2015. The Court held that ...
Case Law

Dublin Ghost Bus v Declan Mills [2016]

Decision number:UDD1634   Legal body:lc This case concerned a claim of unfair dismissal. It primarily concerned whether or not the complainant was an employee of the respondent company engaged on a contract of service. The Court looked at a variety of factors which included whether a contract of employment existed, if there was control, ...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment
Case Law

A University v A Worker [2016]

Case reference:LCR21333   This case concerned a claim that the complainant was not promoted despite achieving the criteria laid out for the position. The respondent claimed that although the complainant achieved the necessary quantitative score, he did not achieve the required qualitative scores. The Court reiterated that i...
This article is listed under the following topics:
Recruitment and Selection
Case Law

Andrius Babianskas v First Glass Limited [2016]

Case reference:IE.HC.598.   This article looks at Andrius Babianskas .v. First Glass Limited, a case which was appealed on a point of law to the High Court following a decision of the Labour Court regarding alleged underpayment of annual leave and public holidays. CASE NAME AND REFERENCE: Andrius Babianskas .v. First Glass L...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Andrius Babianskas v First Glass Limited IEHC 598

Case reference:IEHC.598   This article looks at Andrius Babianskas v First Glass Limited, a case which was appealed on a point of law to the High Court following a decision of the Labour Court regarding alleged underpayment of annual leave and public holidays. CASE NAME AND REFERENCE: Andrius Babianskas v First Glass Limit...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Case Law

Kohinoor Limited v Hussain Ali [2016]

Decision number:ILCR.Determination.No..UDD1629   Legal body:lc This case concerned a claim that the complainant was unfairly dismissed as he was made redundant under an alleged sham. He claimed that he was selected for redundancy due to an ongoing dispute with the company and that 6 new chefs had been recruited after he was made redundant. Following evidence f...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation
Case Law

Andrius Babianskas v First Glass Limited [2016]

Decision number:IEHC.598   Legal body:iehc This case concerned a claim in respect of the complainant's annual leave and public holiday pay. The court focused on the reference in regulation 2 to the amount that was "liable to be paid", as the complainant had been receiving a lesser amount of pay per week than his contract of employment set o...
This article is listed under the following topics:
Working Time and Leave
Case Law

Gaelscoil Chill Dara v Bernadette Moore [2016]

Decision number:ILCR.Determination.No..EDA1630   Legal body:lc This case concerned a claim that the complainant was discriminated against on the ground of age. The complainant argued that she was not selected by the respondent for a position due to her age. The Court reiterated its position that the complainant must prove they were treated less favourably than...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Richard Carron v Fastcom Broadband Limited T/A Fastcom

Case reference:UD1515/2013   Mr. Myles Gilvarry, Chairman of the Sligo division of the Employment Appeals Tribunal, made an interesting preliminary decision last month relating to a preliminary point raised by the Claimant Employee’s Solicitor Brian Morgan as to whether the respondent's representatives, Peninsula Business Serv...
Case Law

A Sales Representative versus A Books Wholesaler

Case reference:EE/2013/652   Decision number:DEC-E2016-131   Legal body:lc A recent decision of Workplace Relations Commission[1] (the “WRC”) underlines the importance for employers of properly managing dismissals on the grounds of an employee’s incapacity to work. Equally, where it is apparent that the real reason for a dismissal is an employee’s perceived incapacity, th...
This article is listed under the following topics:
Discrimination and Equality