Comyn Kelleher Tobin on Employment Law Precedents

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Features

Challenge to Disciplinary Procedure/Dismissal

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 07/03/2013 Today’s article looks at the case of Patrick Kelly v minister for Agriculture and Ors, a case where an employee sought to challenge his dismissal under the employer's disciplinary procedure due to a failure to timeously supply witness statements during an investigation.Case Name And Reference: Patr...
Features

Interlocutory Relief in Employment Cases

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 10/07/2012 Today’s article looks at the case of Regina Wallace v Irish Aviation Authority, a case where an employee sought to stop her employer placing her on paid suspension from work pending the outcome of an appeal against dismissal.Case Name And Reference: Regina Wallace v Irish Aviation Authority [2012] ...
Features

Bullying and Harassment

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 24/04/2012 CASE NAME AND REFERENCE: Margaret Kelly V Bon Secours Health System LimitedCOURT OR TRIBUNAL: High Court. (Mr. Justice Cross) (26th January 2012)JURISDICTION/SUBJECT MATTER: Bullying and Harassment personal injury claim; award of €60,000BackgroundThe plaintiff employee began working in February, 20...
Features

Delays in Disciplinary Proceedings

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 03/02/2012 Today's article looks at a Supreme Court case where a Garda argued that a five year delay in a disciplinary process had prejudiced his right to a fair hearing.Case Name And Reference: Gillen v The Commissioner of an Garda Siochana & ors [2012] IESC 3 (26 January 2012)Court Or Tribunal: Supreme ...
Features

Injunctions to Stop Investigations

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 12/12/2011 Today's article looks at the use of an injunction by an employee to stop an employer's investigation into alleged misconduct. Case Name And Reference: Deirdre McLoughlin v Setanta Insurance Services Ltd Court Or Tribunal: High Court (Laffoy J., 8th November 2011)Jurisdiction/Subject Matter: High Co...
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Joe Simpson v Alan Torpey, Eduardo Doandes, Paul Doody and Gerry Cosgrave t/a R.I. Investment Group

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 25/10/2011 Case Name And Reference: Joe Simpson v Alan Torpey, Eduardo Doandes, Paul Doody and Gerry Cosgrave t/a R.I. Investment Group ( High Court, Clarke J., 4th August 2011). Court Or Tribunal: High CourtJurisdiction/Subject Matter: Dispute as to identity of employer, decision highlights the importance of...
This article is listed under the following topics:
Unfair Dismissal Health and Safety Pay and Conditions of Employment
Features

Employment Law Precedents - Confidentiality and Restraint of Trade

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 08/08/2011 Case Name And Reference: Net Affinity Limited V Michelle Conaghan and Revmac Limited trading as Avvio, [2011] IEHC 160Court Or Tribunal: High CourtJurisdictions/Subject Matter: Restraint of Trade clauses / Confidentiality ClausesFacts A Hotel Marketing Agency specialising in the provision of reserv...
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The Impact of Data Protection legislation on Irish Employers

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 07/07/2011 Case Name And Reference: Case Study 16: Employee obtains data from customer file for his own use [2010] IEDPC 16Source: Data Protection CommissionerSubject Matter: The impact of Data Protection legislation on Irish EmployersEmployers need to be mindful of the implications of the Data Protection Act...
Features

Bridget Sweeney V The Board of Management of Ballinteer Community School

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 31/05/2011 Today’s article looks at Bridget Sweeney V The Board of Management of Ballinteer Community School, a case involving alleged bullying and harassment in the workplace and resulting consequences. Case Name And Reference: Bridget Sweeney V The Board of Management of Ballinteer Community School [2011] I...
Features

Patrick J. Lynch .V. Binnacle Limited trading as Cavan Co-Op Mart

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 19/04/2011 Today’s article looks at the case of Patrick J. Lynch .V. Binnacle Limited trading as Cavan Co-Op Mart, a recent decision that has important health and safety implications.Case Name And Reference: Patrick J. Lynch .V. Binnacle Limited trading as Cavan Co-Op Mart, [2011] IESC 8Court Or Tribunal: Sup...
This article is listed under the following topics:
Unfair Dismissal Health and Safety