Court Of Appeal: Use of CCTV Footage In Disciplinary Proceedings

Posted in: Labour & Superior Court Case Law Review Panel on 06/06/2022 In a previous article available here we discussed the judgement given by the High Court in Doolin v. The Data Protection Commissioner [2020] IECH90. The High Court’s decision was appealed to the Court of Appeal by the DPC. The Court of Appeal in its decision held that the use of CCTV footage in th...

Ammi Burke v. An Adjudication Officer and the Workplace Relations Commission and Arthur Cox LLP [2021]

Posted in: Case Law on 15/11/2021 Introduction This judicial review matter concerned a challenge to the handling of an unfair dismissal claim by an Adjudication Officer of the Workplace Relations Commission (“WRC”). Simons J. provided a robust judgment, dismissing the Applicant’s challenges in their entirety and making salient and ...

The Importance Of Eliminating Any Inference Of Bias In The Disciplinary Process - Patrick J. Kelly v. the Minister for Agriculture

Posted in: Labour & Superior Court Case Law Review Panel on 16/06/2021 The recent judgement of the Supreme Court in Patrick J. Kelly v. the Minister for Agriculture and others,[1] 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 num...

A Cautionary Tale of Unforeseen Consequences - Delaney v Aer Lingus (Ireland) Limited [2021]

Posted in: Labour & Superior Court Case Law Review Panel on 11/03/2021 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...

Probationary Periods and Fair Procedures - Implications of the O’Donovan Case

Posted in: Labour & Superior Court Case Law Review Panel on 01/03/2021 In this short video, Duncan Inverarity, Head of A&L Goodbody's Employment Law Group, discusses the background to, and implications of the recent Court of Appeal decision in the case of Donal O’Donovan v Over-C Technology Limited and Over-C Limited [2021] IECA 37 for probationary clauses and pra...

The Extent Of The Obligation To Provide Reasonable Accommodation

Posted in: Labour & Superior Court Case Law Review Panel on 04/12/2020 The effects of COVID-19 have brought the obligation to provide reasonable accommodation into sharp focus this past year. While remote working has been a welcome change for many, this has not been without challenge. Employers have had to consider how to accommodate disabled employees who are working...

Don’t ‘Settle’ For Second Best: The Importance of Legal Advice In Settlement Agreements

Posted in: Labour & Superior Court Case Law Review Panel on 29/09/2020 Authors: Bláthnaid Evans and Sheila Spokes In a recent decision by the Labour Court in Wasim Haskiya v Keelings Retail Unlimited Company 2020, the Court set aside the decision of the Workplace Relations Commission (the “WRC”), and found that a settlement agreement between Wasim Haskiya (the “Employ...

Appealing on a Point of Law – Superior Court Role

Posted in: Labour & Superior Court Case Law Review Panel on 08/09/2020 Authors: Bláthnaid Evans and Sheila Spokes Employment Update: Transdev Ireland Limited v Michael Caplis[1] In a recent judgment by the High Court, Justice Humphreys refused to grant the appellant, Transdev Ireland Limited (the “Employer”) permission to appeal on a point of law a decision of the Lab...

Sectoral Employment Orders Ruled Legally Invalid

Posted in: Labour & Superior Court Case Law Review Panel on 01/07/2020 Decision Number: [2020] IEHC 303 Legal Body: High Court of Ireland (IEHC) Type of Claim/Jurisdiction: Contracts of Employment, Collective and Trade Union Issues, Pay and Conditions of Employment, Tribunal Practice, Procedures and Jurisdictional Issues The Applicant was a company, limited by guara...

Discovery of Documentation – Interpretation of Orders

Posted in: Labour & Superior Court Case Law Review Panel on 30/06/2020 Introduction In legal proceedings evidence is critical, whether the case involves a criminal charge where the guilt of the accused must be established beyond a reasonable doubt or civil proceedings where the onus is on the person bringing the cases (the ‘plaintiff’) to establish his/her case on the...