Latest in Labour & Superior Court Case Law Review Panel

Labour & Superior Court Case Law Review Panel

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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...
This article is listed under the following topics:
Unfair Dismissal
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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...
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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...
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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...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Features

Key Considerations For Employers Regarding The Use Of CCTV Footage In Disciplinary Proceedings

Posted in: Labour & Superior Court Case Law Review Panel on 27/05/2020 The use of CCTV footage in disciplinary proceedings has developed as a key feature in employment disputes over the past number of years. This issue was more recently considered in Doolin v The Data Protection Commissioner [2020] IEHC 90, where the High Court determined that the permissible use of C...
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Challenge to the Workplace Relations Commission’s Adjudication Service – High Court Decision

Posted in: Labour & Superior Court Case Law Review Panel on 04/05/2020 Zalewski V WRC, an Adjudication Officer, Ireland & The Attorney General High Court judgment, delivered April 21st, 2020. Background Facts The Applicant, Mr. Zalewski, sought to have a claim for “unfair dismissal”, under The Unfair Dismissals Act 1977 (UDA1977) and a claim for “payment of wages...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Features

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
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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