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Latest Case Law

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Case Law

Conor MC Laughlin MC Morrow & Mc Laughlin Solicitors v Ms Ciara Monaghan [2021]

Decision number:UDD2110   Legal body: Labour Court (LC) The Complainant’s employer appealed the Decision of the Adjudication Officer to the Labour Court after the Adjudication Officer found that the Complainant was unfairly constructively dismissed and awarded the Complainant compensation in the sum of €13,300. The Complainant commenced employment in th...
This article is listed under the following topics:
Unfair Dismissal Transfer of Undertaking (TUPE)
Case Law

Donal O’Donovan v Over-C Technology Limited and Over-C Limited [2021]

Decision number:IECA.37   Legal body: Court of Appeal (IECA) This is an appeal against the decision of the High Court where the Plaintiff/Respondent, Mr O’Donovan was granted an injunction against the Defendants/Appellants. Mr. O’Donovan was offered a contract of employment with the first named appellant, the employer, by way of letter which he accepted on t...
Case Law

Limerick Express Couriers Limited v Mr Malcolm Dick [2021]

Decision number:RTD211.   Legal body: Labour Court (LC) The Complainant referred his case to the Labour Court after the Adjudication Officer held that the complaints were not well founded, except in one instance relating to a minor and a non-recurring breach of Regulation 10 for which the Complainant was awarded the sum of €200. The Complainant was empl...
This article is listed under the following topics:
Working Time and Leave
Case Law

Assistant National Director v Health Service Provider [2021]

Decision number:ADJ-00027118   Legal body: Workplace Adjudicator Service (WAS) This case came before the Adjudication Officer as a result of a dispute over the Complainant’s pay grade. The Complainant was employed at a senior level as an Assistant National Director specialist in Public Health Medicine since 2005. In May 2016, he was asked to take on a Director role in additio...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Restaurant Manager v Accommodations and Food Service [2021]

Decision number:ADJ-00026838.   Legal body: Workplace Adjudicator Service (WAS) The Complainant commenced employment with the Respondent on the 29th of April 2019 and was dismissed on the 29th of November 2019. The Complainant submitted that he was approached by the Respondent who offered him a management position in his restaurant as the Respondent wanted the Complainant to i...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

An Operations Coordinator v A Facilities Management Service Provider [2020]

Decision number:ADJ-00028293.   Legal body: Workplace Adjudicator Service (WAS) The Complainant claimed was constructively dismissed from her employment. The Complainant’s role was that of coordinator and she provided support to the client university Accommodation Manager. The role involved checking in and out as well as maintenance. The client employed front of house staff an...
This article is listed under the following topics:
Unfair Dismissal Health and Safety Coronavirus/Covid-19
Case Law

An Office Manager v A Service Provider [2021]

Decision number:ADJ-00025155   Legal body: Workplace Adjudicator Service (WAS) The Complainant was employed as an Office Manager with the Respondent from February 1997 until May 2019. The Complainant was responsible for recruitment, payroll and delegating work to staff. The Complainant also generated more fee income than other sales staff. In 2017, a Credit Controller within ...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation
Case Law

Suchavadee Foley v Atercin Liffey Unlimited T/A Starbucks Tallaght [2021]

Decision number:ADJ-00028487   Legal body: Workplace Adjudicator Service (WAS) The Complainant bought a matcha tea latte at a branch of the Respondent. When handling the cup over to the Complainant, the server drew the Complainant’s smile and eyes, rather than inscribing her name. The eyes were referred to in the evidence as ‘slanty’ eyes. The Complainant asserted that this w...
This article is listed under the following topics:
Discrimination and Equality
Case Law

An Employer v A Worker [2021]

Decision number:LCR22335   Legal body: Labour Court (LC) This case is an appeal by the Claimant against the Adjudication Officer's Decision to the Labour Court. The Complainant started employment in 1997. On the 21st of October 2019, a Transfer of Undertakings took place. The Worker’s complaint was that he was not offered a minimum of 24 hours per week i...
This article is listed under the following topics:
Transfer of Undertaking (TUPE) Pay and Conditions of Employment
Case Law

O’Doherty v Callinan [2020]

Decision number:IECA.200   Legal body: Court of Appeal (IECA) This case is an appeal which was brought by the Defendants after the High Court made an order which awarded the Plaintiff €250,000 in damages for future loss of earnings. The Plaintiff sought damages in the High Court for personal injuries, loss and damage sustained as a result of a road traffic ac...
This article is listed under the following topics:
Sickness and Absence Pay and Conditions of Employment