Comyn Kelleher Tobin on Employment Law Precedents

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Employment Equality Legislation

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 17/12/2013 Today’s article looks at Eleanor O'Higgins v Labour Court and University College Dublin [2013] IEHC 508, a recent High Court case concerning Employment Equality legislation: Case Name And Reference: Eleanor O'Higgins v Labour Court and University College Dublin [2013] IEHC 508 Court/Tribunal: High ...
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Workplace Investigations and Disciplinary Proceedings and Fair Procedures

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 10/09/2013 Today’s article looks at Kelleher v An Post, a case which highlights the Court’s ability to uphold an employer’s decision to terminate a contract of employment where due process and fair procedure have been followed to the letter. Case Name And Reference: Tom Kelleher –v- An Post, [2013] IEHC 328 (...
This article is listed under the following topics:
Health and Safety Contracts of Employment
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Employment Law Precedents - How Transfer of Undertakings Can Go Wrong

Posted in: Comyn Kelleher Tobin on Employment Law Precedents on 16/04/2013 Today’s article looks Gary Treacy v Irish Packaging Recycling Limited [2013] IEHC41, a recent High Court case concerning a transfer of an undertaking:Case Name And Reference: Gary Treacy –v- Irish Packaging Recycling Limited [2013] IEHC41 Court/Tribunal: High Court.Jurisdiction: European Communitie...
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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...
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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] ...
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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...
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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 ...
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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
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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...