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Latest Case Law

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Case Law

Olga O’Mahony v Cork Association for Autism [2021]

Decision number:ADJ-00029377   Legal body: Labour Court (LC) The Complainant commenced employment with the Respondent as a Support Care Leader in 2016. She submitted that she had a blemish free track record with the Respondent. An incident occurred on the 23rd of April 2020 involving the Complainant and one of the service users of the Respondent. The Compla...
This article is listed under the following topics:
Unfair Dismissal
Case Law

Imtiaz Ahmed Ranjha Sky Solicitors V Imtiaz Khan [2021]

Decision number:MWD212   Legal body: Labour Court (LC) This case is an appeal by the Respondent, Imtiaz Ranjh, practising under Sky Solicitors, against an Adjudication Officer’s Decision which found the complaint to be well founded and awarded arrears of €24,155.31 to the Complainant, Mr. Imtiaz Khan. The Respondent did not accept that the Complainan...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Excavator Driver v Construction Company [2021]

Decision number:ADJ-00027194   Legal body: Labour Court (LC) The Complainant in this case was employed as an Excavator Driver by the Respondent and commenced employment in October 2018. In August 2019, an incident occurred on the work site which resulted in the Complainant being suspended from work without notice. The Complainant never resumed employment ...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment
Case Law

A Mechanic v A Passenger Coach Operator [2021]

Decision number:ADJ-00026854   Legal body: Labour Court (LC) The Complainant commenced employment as a mechanic with the Respondent in September 2013. His employment was terminated on the 13th of September 2019. When the Complainant had brought his case to the Adjudication Officer, it became apparent that the Complainant had not used the correct name for th...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Policies and Procedures
Case Law

Trainee Tax Consultant v Professional Tax Consulting [2021]

Decision number:ADJ-0002738   Legal body: Labour Court (LC) The Complainant was engaged by the Respondent company on the 26th of August 2019 as a Tax Consultant trainee. The Contract stated the annual salary of the Complainant as being €25,000.00 which was to be reviewed annually. In addition, the Respondent agreed to pay the fees associated with the tax co...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Mr Denis Fitzpatrick v Q-Park Ireland Limited [2021]

Decision number:ADJ-00018652   Legal body: Labour Court (LC) This case is an appeal by QPark Ireland Ltd (the Respondent) against the decision of the Adjudication Officer who found that the Complainant had been unfairly dismissed and was therefore awarded compensation in the sum of €18,000. Mr. Fitzpatrick, ‘the Complainant’, was a Parking Host for QPark Ire...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Case Law

Naisiunta Leictreacht (NECI) V Labour Court & Ors

Decision number:IESC.36   Legal body: Irish Supreme Court (IESC) This appeal arises from a judgment in the High Court which was appealed to the Supreme Court. The NECI (Respondent) represented small and medium sized electrical contractors. The Respondent successfully applied for a judicial review of a Sectoral Employment Order (“SEO”), the subject of a recommend...
Case Law

HGV Driver v Haulage Company [2021]

Decision number:ADJ-00027990   Legal body: Labour Court (LC) The Complainant commenced employment with the Respondent as a HGV Driver in September 2019. The Complainant’s employment was terminated on the 5th of February 2020. The Complainant claimed that the termination of his employment was related to his exercising of his rights under the Protected Discl...
This article is listed under the following topics:
Unfair Dismissal Probation Pay and Conditions of Employment
Case Law

Patrick J. Kelly v. The Minister For Agriculture

Decision number:.IESC.28   Legal body: Irish Supreme Court (IESC) The recent judgement of the Supreme Court in Patrick J. Kelly v. the Minister for Agriculture and others, quashed the dismissal of the former harbour master, Mr. Patrick Kelly (the “Employee”), on the basis that the decision was tainted by objective bias. This is an important judgement for a number...
This article is listed under the following topics:
Unfair Dismissal Policies and Procedures
Case Law

Rene O’Reilly v Dublin City University [2021]

Decision number:ADJ-00020428.   Legal body: Labour Court (LC) The Complainant was employed by the Respondent as a Foundation Programme Coordinator in the International Office on the 27th of November 2017 and her employment terminated on the 5th of November 2018. When she joined the International Office, the International Office Director did not make her aware...
This article is listed under the following topics:
Discrimination and Equality