Comyn Kelleher Tobin on Employment Law Precedents

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Boyle v An Post - Workplace Investigation / Disciplinary Proceedings / Fair Procedure

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 13/10/2015 Today’s article looks at Gary Boyle v An Post, a case in which the Plaintiff sought to use the common law remedy of injunctive relief following his termination of employment due to alleged “re-posting of mail” rather than the Employment appeals tribunal. Case Name and Reference: Boyle v An Post 201...
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Suspension and Dismissal for Gross Misconduct

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 29/04/2015 Today’s article looks at Governor and Company of Bank of Ireland v Reilly, a case which highlights the need to exercise care in suspending employees, not pre-determining issues and applying a sanction which is not unreasonable or disproportionate. Case Name and Reference: Governor and Company of Ba...
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The Importance Time Limits For Filing Complaints

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 21/04/2015 Today’s article looks at Health Service Executive v McDermott, a case which highlights the importance of the time limits for the filing of complaints, in this instance under the Payment of Wages Act 1991. Case Name and Reference: Health Service Executive –v- McDermott 2014 IEHC 331 (Judgment of Mr ...
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Choosing the Correct Forum and Avoiding Duplication of Proceedings

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 13/02/2015 Today’s article looks at Ciaran Culkin v Sligo County Council, a case which highlights the importance of electing the correct forum in which to prosecute a Plaintiff’s claim and avoid duplication of proceedings. Case Name And Reference: Ciaran Culkin –v- Sligo County Council [2015] IEHC 46, Judgmen...
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The Right to Payment During a Period Lay-Off

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 09/12/2014 Today’s article looks at Petkevicius v Goode Concrete Limited (In Receivership), a case in which the Appellant unsuccessfully sought to overturn a finding of the Employment Appeals Tribunal (“EAT”) wherein it was decided that the non-payment of wages during a period of lay-off was not, in this inst...
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Disciplinary Proceedings with Pending Criminal Prosecution Against an Employee

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 10/10/2014 Today’s article looks at Rogers v An Post, a case in which the Plaintiff unsuccessfully sought an injunction to postpone a disciplinary process pending the outcome of criminal proceedings against him. Case Name and Reference: Rogers –v- An Post (Judgement of Keane J on 25th July 2014) Record No. 20...
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Restrictive Covenants in Employment Contracts

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 19/08/2014 Today’s article looks at Romero Insurance Brokers v Templeton and Eastwood & Partners Limited, a High Court of England & Wales decision discussing Restrictive Covenants in Employment Contracts that is informative from an Irish perspective and particularly relevant in the insurance sector.Ca...
This article is listed under the following topics:
Unfair Dismissal Contracts of Employment
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Bullying and Harassment - A Radical Shift?

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 06/06/2014 Today’s article looks at Una Ruffley v The Board of Management St Anne's School [2014] IEHC 235, a High Court decision discussing Bullying and Harassment - A Radical Shift? Case Name And Reference: Una Ruffley –v- The Board of Management St Anne’s School [2014] IEHC235 Court/Tribunal: High Court ...
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Standard Required to Bring a Successful Bullying and Harassment Case Against an Employer

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 08/04/2014 Today’s article looks at Catherine Glynn v The Minister for Justice, Equality & Law Reform Ireland and the Attorney General, a High Court decision confirming the standard required to bring a successful bullying and harassment case against an employer. Case Name And Reference: Catherine Glynn –v...
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Penalisation Under the Safety Health and Welfare at Work Act 2005

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 14/02/2014 Today’s article looks at Stobart (Ireland) Driver Services Limited v Carroll, a case which highlights the importance of fully investigating an informal complaint made to an employer and the consequences for an employer who penalises an employee for making a complaint.Case Name And Reference: Stobar...