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Labour & Superior Court Case Law Review Panel

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Features

Payment for Sunday Working

Posted in: Labour & Superior Court Case Law Review Panel on 29/10/2019 The High Court has confirmed that where a contract contains a clear statement that the hourly rate of pay takes into account the requirement to work on Sundays there is no further obligation on employers to specifically set out the proportion of the hourly rate of pay which relates to Sunday workin...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Features

Supreme Court provides Clarity in Reasonable Accommodation Requirement

Posted in: Labour & Superior Court Case Law Review Panel on 30/08/2019 This month’s article from the Labour/Superior Court Caselaw Review Panel was written by Deirdre Malone, Partner, Ronan Daly Jermyn. It concerns the Supreme Court’s decision in the matter of Nano Nagle School –v- Marie Daly in relation to reasonable accommodation of a disability. The Supreme Court...
This article is listed under the following topics:
Discrimination and Equality
Features

Impact of the Workplace Relations Act 2015 on Unfair Dismissal Cases

Posted in: Labour & Superior Court Case Law Review Panel on 23/07/2019 This review considers what impact the Workplace Relations Act 2015 and the adjudication process has had on how cases of Unfair Dismissal have been handled. David Fagan, Business Legal, reviews changes to the law; changes to procedures; trends with regard to awards and settlements and appeals to th...
This article is listed under the following topics:
Unfair Dismissal
Features

Notification of Concern to National Vetting Bureau – Balance of Rights

Posted in: Labour & Superior Court Case Law Review Panel on 04/07/2019 Case Title: M.P. v Teaching Council of Ireland, [2019] IEHC 102 (2019) Introduction This review features a recent High Court application for an injunction brought by a teacher to restrain the Teaching Council of Ireland from making a notification of concern to the National Vetting Bureau relating t...
Features

Failure to establish a prima facie case of discrimination

Posted in: Labour & Superior Court Case Law Review Panel on 23/05/2019 Case: Catriona Hughes v National College of Ireland (ADJ-00014991) Keywords: Discrimination and Equality; Equal Pay; failure to establish a prima facie case The case of Catriona Hughes v National College of Ireland (NCI) provides an interesting example of a situation whereby a female employee is ea...
This article is listed under the following topics:
Discrimination and Equality Pay and Conditions of Employment
Features

Application of EU Law in Ireland: An Garda Síochána v The Workplace Relations Commission

Posted in: Labour & Superior Court Case Law Review Panel on 29/03/2019 This month’s article from the Labour & Superior Court Case Law Review Panel focusses on the CJEU case of An Garda Síochána v The Workplace Relations Commission. Written by David Fagan of Business Legal, the article considers how European Union law MUST be applied in Ireland. What we learn in th...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Features

Duty of Care to Provide a Safe Place of Work: McCarthy v ISS Ireland Limited

Posted in: Labour & Superior Court Case Law Review Panel on 23/10/2018 Cases from the courts continue to emphasise the duty of care on employers to take reasonable steps to protect their employees from the reasonably foreseeable harm which may arise as a result of treatment by other employees, even where such behaviour might not amount to bullying in the workplace. Th...
This article is listed under the following topics:
Health and Safety
Features

De Minimis Rule: Dillon v Board of Management of Catholic University School [2018] IECA 292

Posted in: Labour & Superior Court Case Law Review Panel on 26/09/2018 Dillon v Board of Management of Catholic University School[2018] IECA 292 is a recent decision of the Court of Appeal which demonstrates that the Courts take the reputational implications of a final written warning seriously and that an employee is certainly entitled to litigate the imposition of s...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Procedural Fairness: Towerbrook Limited t/a Castle Durrow Country House Hotel v Eugene Young 2018 IEHC 425

Posted in: Labour & Superior Court Case Law Review Panel on 23/08/2018 This month’s article from the Labour/Superior Court Case Law Review Panel was written by Deirdre Malone, Partner, Ronan Daly Jermyn. It concerns an unfair dismissal claim brought by an employee engaged as a general handyman (“the employee”) against his employer, (“Castle Durrow”) and its blatant b...
Features

Litigation Privilege: Does it Extend to Non-Legal Advisors?

Posted in: Labour & Superior Court Case Law Review Panel on 27/07/2018 Whilst the recent judgment of the Court of Appeal in Aer Lingus plc v The Minister for Finance and others ([2018] IECA 222) did not arise in an employment law context, the judgment is useful in its consideration of whether litigation privilege can be claimed over documents from an earlier set of pr...