Jurisdiction of National Bodies to Disapply National Law in Conflict with EU Law

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 08/01/2019 This case note examines the recent European Court of Justice Ruling in the case of Minister for Justice and Equality, Commissioner of An Garda Siochana v Workplace Relations Commission and Ronald Boyle & Others (Notice Parties), C-378/17 (4th December 2018). What is the background to this case...

Non-application of the Unfair Dismissals Acts to the Termination of Fixed-term or Specified Purpose Contracts

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 15/06/2018 A recent Labour Court decision has reiterated the strict criteria to be complied with for an employer to validly rely on the exclusion contained in Section 2(2)(b) of the Unfair Dismissals Acts 1977 – 2015 as amended (“the Acts”), which permits the non-application of the Unfair Dismissals Acts to t...

Employment Law Precedents: Nano Nagle School v Marie Daly [2018] IECA 11

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 09/02/2018 This article examines a recent decision of the Court of Appeal dated 31st January 2018 in the case of Nano Nagle School, Appellant, v. Marie Daly, Respondent, [2018] IECA 11. Why is this case important for employers? The Court of Appeal in this case examined the interpretation of Section 16 of the...

Quigley v Health Service Executive [2017] IEHC 654 - Compulsory Retirement Ages in Employment

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 14/12/2017 This article examines a recent decision of the High Court dated 26th October 2017 in the case of Quigley v Health Service Executive [2017] IEHC 654. The Plaintiff was employed with the HSE as a General Practitioner, specialising in substance abuse. The Plaintiff attained the age of 65 on the 19th O...

DHL Express (Ireland) Ltd v Michael Coughlan: “Spent” Disciplinary Sanctions

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 11/08/2017 This article examines a recent decision of the Labour Court dated 28th July 2017 in the case of DHL Express (Ireland) Ltd v. Michael Coughlan (Labour Court Determination No. UDD1738). In this case, the employee, Mr. Coughlan, was awarded the maximum compensation of 104 weeks salary for unfair dis...

Case Law Precedents: Duplicity of Proceedings

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 01/06/2017 This article concerns a recent Court of Appeal decision in Ciarán Culkin v Sligo County Council And Irish Human Rights And Equality Commission, [2017] IECA 104, a judgment of Mr. Justice Gerard Hogan delivered on the 29th day of March 2017. The Court of Appeal overturned the decision of the High Co...

Andrius Babianskas v First Glass Limited

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 29/11/2016 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 Li...

Zdenek Hrdlicka v Andrew Best Roof Limited

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 30/08/2016 This article looks at Zdenek Hrdlicka v Andrew Best Roof Limited, a case in which an employee who was assaulted by a colleague issued negligence proceedings (not vicarious liability) against his employer. Case Name and Reference: Zdenek Hrdlicka v Andrew Best Roof Limited [2016] IE HC 354 Court or...

Brian Canavan v The Commissioner of An Garda Siochana

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 13/05/2016 Today’s article looks at Brian Canavan v The Commissioner of An Garda Siochana, a judicial review issued by a member of An Garda Siochana seeking to prevent An Garda Siochana from continuing a disciplinary investigation on the grounds of inordinate and inexcusable delay and seeking an order prevent...

Disability and Reasonable Accommodation - Nano Nagle School v Daly

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 25/02/2016 This article looks at Nano Nagle School v Daly, an appeal on a point of law from the Labour Court determination relating to what consitutes “reasonable accommodation” from an employer’s perspective. CASE NAME AND REFERENCE: Nano Nagle School v Daly [2015] IEHC 785, COURT OR TRIBUNAL: High Court, N...