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Labour & Superior Court Case Law Review Panel

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Permanent or Fixed Term Contract?

Posted in: Labour & Superior Court Case Law Review Panel on 26/03/2020 An “Expectation” of returning to work does not amount to a legal “entitlement”. So found the High Court in Coyle v The Labour Court and Blackrock College 2020 IEHC 111 when the Court overturned a decision of the Labour Court in a matter relating to a fixed term employment contact in order that it r...
This article is listed under the following topics:
Contracts of Employment
Features

Annual Leave and Dismissal – a Review of the Opinion of AG Hogan

Posted in: Labour & Superior Court Case Law Review Panel on 28/02/2020 In this Article we examine the Opinion of Advocate General Hogan (delivered on 29th January 2020; Case C-762/18 and Case C-37/19). The issue was whether a worker who is unlawfully dismissed by their employer and is then subsequently re-instated, by an order of a national court order, has an entitle...
This article is listed under the following topics:
Working Time and Leave
Features

Ryanair DAC V Peter Bellew – An In-Depth Analysis Of case law Relating To Restrictive Covenants

Posted in: Labour & Superior Court Case Law Review Panel on 29/01/2020 Introduction The within judgment is the culmination of an eight-day trial in the High Court before Allen J in December 2019 further to an application by Ryanair Limited (as it then was) (‘the Company’) for an order of specific performance of Mr Peter Bellew’s (‘the Defendant’) contract of employmen...
This article is listed under the following topics:
Contracts of Employment
Features

Covert Surveillance – Guidance from the European Court of Human Rights

Posted in: Labour & Superior Court Case Law Review Panel on 22/11/2019 While it may be a controversial issue among staff members, workplace monitoring is a legitimate and legal method that employers can implement to protect their staff and business. Permitted methods of surveillance include maintaining CCTV systems, monitoring internet browsing history, inspecting em...
This article is listed under the following topics:
Data Protection and Freedom of Information Act
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