Labour & Superior Court Case Law Review Panel

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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 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...
Features

€120,000 Award in Clerys Collective Redundancy Case

Posted in: Labour & Superior Court Case Law Review Panel on 23/05/2016 This month’s article from the Labour Court Case Law Review Panel was written by Barry Walsh, Partner, McDowell Purcell and his colleague Julie Austin. It concerns a claim to the Workplace Relations Commission by 61 former employees of Clerys department store in Dublin over their employer’s failure ...
This article is listed under the following topics:
Collective and Trade Union Issues
Features

Labour and Superior Court Case Law Review Panel with Alan Haugh BL

Posted in: Labour & Superior Court Case Law Review Panel on 22/04/2016 Today’s email from the Labour and Superior Court Case Law Review Panel is written by Alan Haugh BL and concerns the case of McEneaney -v- Cavan and Monaghan Education and Training Board & anor [2016] IECA 53. Background Judgment was given on behalf of the Court by the President, Ryan P, on 2 Ma...
Features

Review of Cleary & Ors v B&Q Ireland Ltd [2016] IEHC 119

Posted in: Labour & Superior Court Case Law Review Panel on 23/03/2016 The Cleary case came before the High Court by way of an appeal under the Payment of Wages Act 1991. The Appellants were employees of B&Q. They challenged the employer’s retrospective discontinuance of a bonus scheme and the withdrawal of a 'zone allowance' payable to staff at three Dublin outle...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment