Labour & Superior Court Case Law Review Panel

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Features

Can an employer lawfully reassign an employee to different duties?

Posted in: Labour & Superior Court Case Law Review Panel on 27/07/2017 Earley v HSE and whether an employer can lawfully reassign an employee to different duties The recent judgments of the Court of Appeal in Earley v HSE ([2017] IECA 158, 15th May 2017) and [[2017] IECA 207, 18th July 2017) are hugely significant for those involved in employment law. They provide a d...
Features

Lyons v Longford Westmeath Education and Training Board [2017] IEHC 272

Posted in: Labour & Superior Court Case Law Review Panel on 21/06/2017 Introduction The areas of bullying, harassment and sexual harassment at work are particularly tricky terrain for employers. On the one hand, you have an employee making a complaint against a colleague and that complaint must be treated with the utmost seriousness and properly investigated. On the o...
Features

Case Review: Compulsory Retirement of Employees

Posted in: Labour & Superior Court Case Law Review Panel on 26/05/2017 Decision Number: EDA1710 ADE/16/74 Legal Body: Labour Court Type of Claim / Jurisdiction: Employment Equality Acts, Age Discrimination, Compulsory Retirement This month’s article from the Labour Court Case Law Review Panel was written by Barry Walsh, Partner, McDowell Purcell. It concerns an ...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment
Features

Case Review: The interaction between the closed shop and the Constitutional right to work

Posted in: Labour & Superior Court Case Law Review Panel on 05/04/2017 Cathy Maguire BL reviews the case of O’Connell v Building and Allied Trades’ Union, Edward Morris, Patrick O’Shaughnessy and Michael McNamara and the Construction Industry Federation [2014] IEHC 360; [2015] 26 ELR 173 (HC); [2016] IECA 338 (CA); : [2017] IESCDET 22 (SC), which illustrates the inter...
This article is listed under the following topics:
Collective and Trade Union Issues
Features

Review of Noonan Services Group Limited v Elvira Kravcova

Posted in: Labour & Superior Court Case Law Review Panel on 21/02/2017 This article concerns an unfair dismissal claim brought by an employee engaged as a cleaner (“the Claimant”) against her employer, Noonan Services Group Limited (“the Company”) and its failure to adopt any procedure or to afford the employee her rights to procedural fairness or natural justice. Bac...
This article is listed under the following topics:
Unfair Dismissal Policies and Procedures
Features

Recent Decisions in the Law Relating to Whistleblowing

Posted in: Labour & Superior Court Case Law Review Panel on 26/10/2016 Since its enactment in 2014, cases under the Protected Disclosures Act 2014 (“PDA” or “the Act”) have been few and far between. However, since June 2016 we have seen two major developments – the granting of the first order for interim relief by the Circuit Court in August 2016, and more recently t...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)
Features

The Kratzer Case: The End of the Road for the Vexatious Litigant?

Posted in: Labour & Superior Court Case Law Review Panel on 20/09/2016 Vexatious litigants have troubled the legal system from as far back as the late nineteenth century prompting the introduction in the United Kingdom of the “Vexatious Actions Act 1896” known as “an Act to prevent the abuse of the process of the High Court and other courts by the institution of vexat...
Features

Refusal to Allow Return to Work after Illness is Deemed a Discriminatory Dismissal on the Disability Ground

Posted in: Labour & Superior Court Case Law Review Panel on 15/08/2016 Tom Moloney Limited trading as Squire Maguires v Mr Thomas Keogh [2016] Labour Court Determination ADA 1617 Background This case relates to an Appeal to the decision of the Adjudication/Equality Officer upholding a complainant’s claim that he was constructively dismissed from his employment as a ba...
This article is listed under the following topics:
Unfair Dismissal Sickness and Absence Discrimination and Equality
Features

Dr David L. Parris v Trinity College Dublin (C-443/15), Opinion of AG Kokott

Posted in: Labour & Superior Court Case Law Review Panel on 04/08/2016 For example in Hill and Stapleton v Revenue Commissioners (C-243/95) the ECJ, as it was then, was asked to consider whether indirect discrimination on grounds of gender lay in the context of a job share working arrangement, in McKenna v North Western Health Board (C-191/03), the issue which arose f...
This article is listed under the following topics:
Discrimination and Equality Pensions
Features

Should Irish Courts Now Disapply Domestic Employment Laws that are Incompatible with EU Directives?

Posted in: Labour & Superior Court Case Law Review Panel on 14/06/2016 In order to properly understand the potential ramifications of this decision for Member States, it will first be necessary to provide some quite detailed background of the legal principles that have applied until this point and some of the consequences that have followed for employees seeking to as...