Disability and Reasonable Accommodation

Posted in: Labour & Superior Court Case Law Review Panel on 06/01/2016 Nano Nagle School v Marie Daly [2015] IEHC 785 (Noonan J, 11 December 2015) This matter came before the High Court by way of an appeal on a point of law pursuant to section 90(1) of the Employment Equality Act 1998 (“the Act”). The appeal was brought on behalf of the Nano Nagle School (“the School”...

Irish High Court Case of Mullally & Ors. v. Labour Court & Anor [2015] IEHC 351

Posted in: Labour & Superior Court Case Law Review Panel on 25/11/2015 Introduction This case removes any remaining doubt as to the question of whether recommendations of the Labour Court lawfully made pursuant to industrial relations legislation are open to challenge by way of judicial review. In short, they are not. While it is accepted that determinations of the La...

Ferreira da Silva e Brito and Others [2015] EUECJ C-160/14

Posted in: Labour & Superior Court Case Law Review Panel on 12/10/2015 The Irish statute European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 implement requirements under the EU Directive of 2001. Síobhra analyses the recent case of Ferreira da Silva e Brito and Others [2015] EUECJ C-160/14, where the CJEU considered whether the ...

Temporary Agency Work Developments

Posted in: Labour & Superior Court Case Law Review Panel on 22/09/2015 We asked Paul Joyce BL to analyse some 2015 Labour Court cases on rights under the Protection of Employees (Temporary Agency Work) Act 2012. Background to the Act When the Protection of Employees (Temporary Agency Work) Act 2012 was introduced in May 2012, there was some speculation that its fa...

Disciplinary Investigations and Procedures

Posted in: Labour & Superior Court Case Law Review Panel on 15/09/2015 Case Note on Stevens V University of Birmingham[1] The manner in which disciplinary investigations are conducted is of significant importance to employer and employees alike. For an employee it is critical that a disciplinary investigation is conducted fairly and objectively as experience tells us ...

When might a fixed term contract be deemed a contract of indefinite duration?

Posted in: Labour & Superior Court Case Law Review Panel on 11/08/2015 Case National University of Ireland Maynooth v Dr Jennifer Wood (Labour Court, Determination No. FTD/1511) Background Dr Wood commenced employment with National University of Ireland Maynooth (NUI Maynooth) in September 2006. She was engaged on seven written contracts of employment for each aca...

Duty to Consult and the Protection of Employment Act 1977

Posted in: Labour & Superior Court Case Law Review Panel on 14/07/2015 Earagail Eisc Teoranta v Doherty and others [2015] IEHC 347 The obiter comment of Mr Justice Edwards in Permanent Defence Forces Other Ranks Representative Association v The Minister for Finance and Others (‘PDFORA’) to the effect that the Payment of Wages Act 1991 had no application to reductions...

Time Limits and "Reasonable Cause"

Posted in: Labour & Superior Court Case Law Review Panel on 18/06/2015 A claim being brought by an employee under a piece of employment legislation or to the courts will generally be subject to a time limit. A claim brought outside the relevant time limit is said to be ‘statute barred’ so that regardless of the merits of the claim, it will not be considered. The gener...

Woolworths Collective Redundancy Case and its Relevance in Ireland

Posted in: Labour & Superior Court Case Law Review Panel on 19/05/2015 A collective redundancy under Irish law is determined by the Protection of Employment Acts 1977 to 2014 (“the Act”) and involves situations where dismissals effected by reason of redundancy in any period of 30 consecutive days exceed certain thresholds. See the unofficial restated version of the Ac...

High Court under the Protection of Employees (Temporary Agency Work) Act 2012 (‘the 2012 Act’)

Posted in: Labour & Superior Court Case Law Review Panel on 20/04/2015 Alan Haugh BL writes:Mulholland v QED Recruitment Limited [2015] IEHC 151IntroductionThis is the first decision of the High Court under the Protection of Employees (Temporary Agency Work) Act 2012 (‘the 2012 Act’). The matter came before the High Court by way of an appeal on a point of law from a d...