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Latest Case Law

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Case Law

Medical Council v Dr. Gerard Waters [2021]

Decision number:IEHC.252   Legal body: High Court of Ireland (IEHC) This is an application brought by the Medical Council seeking an interim suspension of the Respondent’s registration from the Register of Medical Practitioners pursuant to s.60 of the Medical Practitioners Act 2007. The Respondent is a general practitioner. On the 16th of September 2020, the Medi...
Case Law

Nicola Matthews v Department of Health [2021]

Decision number:ADJ-00025554   Legal body: Workplace Adjudicator Service (WAS) In this case, the employee, a Higher Executive Officer applied for the role of Assistant Principal Officer via an internal competition. Applicants were shortlisted based on pre-determined criteria. The employee's application was not shortlisted and she claimed the she was discriminated against on t...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

A Claims Officer v An Insurance Company [2021]

Decision number:ADJ-00024079   Legal body: Workplace Adjudicator Service (WAS) In this case, a Portuguese employee claimed that she was discriminated on the grounds of her gender and race when the employer failed to offer her an interview for an internal position, which she had applied for. The employee commenced employment in April 2011, initially as a claims officer and lat...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection
Case Law

Restaurant Manager v Restaurant Owner/Operator [2021]

Decision number:ADJ-00026631   Legal body: Workplace Adjudicator Service (WAS) This dispute concerned an employee who was owed wages from her employer. The Complainant stated she was employed at the Respondent’s Restaurant as a Manager from the 15th of August 2019 until the 11th of January 2020. There was no statement of terms of employment and she received no payslips. Her r...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Social Worker v A Mental Health Facility [2021]

Decision number:ADJ-00027212   Legal body: Workplace Adjudicator Service (WAS) The Complainant commenced employment with the Respondent on the 13th of May 1991 and at all times the Complainant’’s role was described as “Social Worker”. The Complainant alleged that she had been unfairly forced to change her place of work without her consent. However, the Respondent stated tha...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Case Law

Zalewski -v- Adjudication Office & ors [2021] IESC 24

Case reference: IESC.24   Legal body: Irish Supreme Court (IESC) In a remarkable decision (and even more remarkable dissenting judgements), the Supreme Court of Ireland (O'Donnell J. delivering the majority decision in a 4:3 split) has ruled that certain elements of the WRC's adjudication hearing process are unconstitutional, although the Court declined to rule...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Case Law

An Industrial Manager v A Cleaning Contractor [2021]

Decision number:ADJ-00026875   Legal body: Workplace Adjudicator Service (WAS) This is a complaint pursuant to the Payment of Wages Act. The complainant worked for the respondent between the 14th of June to 18th of November 2019 as an Industrial Manager and also looked after office cleaning. He was paid €2,900 per month. He claims outstanding pay and commission earned in Oc...
This article is listed under the following topics:
Pay and Conditions of Employment
Case Law

Ladislav Kunzo v Kepak Longford Unlimited Company [2021]

Decision number:IEHC.180   Legal body: High Court of Ireland (IEHC) The Plaintiff, Ladislav Kunzo was employed as a Boner in a meat packing facility run by the Defendant, Kepak Longford Unlimited Company. On the morning of the 14th September 2016 while at work boning large pieces of meat, the Plaintiff felt a sudden onset of sever lower back pain which caused him ...
Case Law

Technician v Education Provider [2021]

Decision number:ADJ-00028675   Legal body: Workplace Adjudicator Service (WAS) The Complainant in this case was appointed in March 2008. Some years later, he found that other technicians were appointed to a higher starting point and received retrospection back to when they started. He raised the issue as a grievance and in 2018, management agreed to pay him another increment ...
This article is listed under the following topics:
Pay and Conditions of Employment
Case Law

Lorcan Delaney v Aer Lingus (Ireland) Limited [2021]

Case reference: IEHC.72   Legal body: High Court of Ireland (IEHC) Co-author: Bláthnaid Evans and Sheila Spokes “A cautionary tale of unforeseen consequences”:- Lorcan Delaney v Aer Lingus (Ireland) Limited[1] In a recent High Court judgement, Justice Allen refused an injunction application by a former cabin crew member, Lorcan Delaney (the “Employee”), against hi...
This article is listed under the following topics:
Contracts of Employment