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Case Law

Leonard v Health Service Executive [2022]

Legal body: High Court of Ireland (IEHC) Mr Leonard made an application for an interlocutory injunction against the HSE seeking: An injunction restraining the HSE from appointing a Paramedic Supervisor at the National Ambulance Service Loughlinstown Co. Dublin; and An injunction directing the HSE to pay Mr Leonard the salary and other en...
This article is listed under the following topics:
Contracts of Employment
Case Law

Karshan (Midlands) Limited Trading as Domino’s Pizza v The Revenue Commissioners [2022]

Decision number:IECA..124   Legal body: Court of Appeal (IECA) The Court of Appeal overturned the decision of the Tax Appeal Commission (TAC) and the High Court and found that pizza delivery drivers are self-employed independent contractors. It had been determined in previous decisions that the pizza delivery drivers were employees. What happened? The contract...
This article is listed under the following topics:
Contracts of Employment
Case Law

Maurice Power v Health Service Executive [2022]

Decision number:.IESC.17   Legal body: Irish Supreme Court (IESC) The Protection of Employees (Fixed-Term Work) Act 2003 (the Fixed Term Work Act) provides that where an employee is employed on two or more successive fixed-term contracts, the aggregate duration cannot exceed four years without objective grounds. Otherwise, the contract concerned will be deemed to...
This article is listed under the following topics:
Contracts of Employment
Case Law

Brian Scully v Tesco Ireland Limited [2023]

Decision number:ADJ-00027287   Legal body: Workplace Relations Commission (WRC) Background: The Complainant commenced employment with the Respondent supermarket chain in 2001. He was employed as a Night Manager. He was dismissed on 19th September 2019 on the ground of gross misconduct for breaches of the Company Purchase and Honesty Policies. The Respondent contended he was f...
This article is listed under the following topics:
Dismissal Discipline and Grievance
Case Law

Patrick McInerney v Irish Wheelchair Association [2023]

Decision number:ADJ-00032186   Legal body: Workplace Relations Commission (WRC) Background: The Complainant commenced employment with the Respondent in 1999. His employment was terminated on 12th January 2021. The Complainant turned 66 on 13th January 2021. The Complainant had been on pandemic-related lay-off and was informed by the Respondent in August 2020 that the service w...
This article is listed under the following topics:
Discrimination and Equality
Case Law

Julia Goral v Hertz Europe Service Centre [2023]

Decision number:ADJ-00033134   Legal body: Workplace Relations Commission (WRC) Background: The Complainant started in the role with the Respondent on 26th September 2016 which ended on 24th April 2020. She commenced employment as an Accounts Payable Administrator. She then moved to an Accounts Payable Specialist role and she was promoted to an Accounts Payable Business Analys...
This article is listed under the following topics:
Redundancy
Case Law

Marta Siudak v Slane Trading Company Limited [2023]

Decision number:ADJ-00038952   Legal body: Workplace Relations Commission (WRC) Background: The Complainant commenced employment as Operations Manager in October 2021. The Complainant informed the Respondent that she was pregnant on 27th December 2021. She sought a risk assessment due to her concerns about a recent COVID-19 outbreak within the workplace. During December 2021 a...
This article is listed under the following topics:
Dismissal Discrimination and Equality
Case Law

Teresa Quinn v Cora Systems Limited [2022]

Decision number:ADJ.-.00019422   Legal body: Workplace Relations Commission (WRC) Background: The Complainant was employed from 17th January 2008 initially as Group Financial Officer. In 2014, she was promoted as Chief Financial Officer with the Respondent. The Complainant offered her resignation in July 2018. She submitted that she was constructively dismissed from her employm...
This article is listed under the following topics:
Dismissal
Case Law

Habib Kannas v O.F. Fishing Ltd. [2022]

Case reference: ADJ-00033565   Legal body: Workplace Relations Commission (WRC) Background: The Complainant commenced employment with the Respondent on the 1st of July 2017. The Complainant was employed on a “share” basis and would receive a cut of the profits made on each fishing trip. The Complainant submitted he was subsequently enrolled in the Atypical Scheme for non-EEA M...
This article is listed under the following topics:
Dismissal Policies and Procedures Leave
Case Law

Muhammad Iqbal v Elite Services Security and Facilities Management Ltd [2022]

Case reference: ADJ-00036422   Legal body: Workplace Relations Commission (WRC) Background: The Complainant was employed as a Security Guard for the Respondent company. The Complainant submitted a statement which detailed his standard weekly hours were 39 and overtime hours would be paid at the rate of 1.5 times on transfer to Elite Services. The Complainant’s employment ended...
This article is listed under the following topics:
Contracts of Employment