Labour & Superior Court Case Law Review Panel

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Features

Time Limits: When Should an Extension of Time be Granted to Bring a Claim?

Posted in: Labour & Superior Court Case Law Review Panel on 28/06/2018 Subject to some exceptions such as claiming a redundancy lump sum, the general time limit to bring a claim under employment legislation is six months from the date of the alleged contravention in question. Prior to the introduction of the Workplace Relations Act 2015, a claimant could seek an exten...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Features

Labour Court Decision: Dr Enda Loftus v Martine O’Sullivan EDA1825

Posted in: Labour & Superior Court Case Law Review Panel on 18/05/2018 This recent Labour Court (the “Court”) decision considered an appeal of an Adjudication Officer’s decision (ADJ-00005793) in accordance with section 83(1) of the Employment Equality Acts 1998 - 2015, overturning that decision and awarding Ms O’Sullivan compensation of €27,500. The case brings to t...
This article is listed under the following topics:
Discrimination and Equality
Features

Objective Bias in Investigations: Heinz-Peter Nasheuer v NUI [2018] IECA 79

Posted in: Labour & Superior Court Case Law Review Panel on 20/04/2018 This matter came before the Court of Appeal by way of an appeal brought on behalf of National University of Ireland Galway (‘the Respondent’) against a decision of the High Court (Baker J) to accede to Professor Nasheuer’s (‘the Applicant’) application for an interlocutory injunction to restrain an...
Features

The Reasonable Belief of the Employer in Establishing "Guilt or Innocence"

Posted in: Labour & Superior Court Case Law Review Panel on 23/03/2018 Background to the case The worker was employed as a General Labourer from January 2014 to October 2015 when he was dismissed for gross misconduct on 5th October 2015. A complaint of unfair dismissal was lodged which was adjudicated at the WRC in February 2017. The claim for unfair dismissal was up...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Features

Labour Court Decision: Select Service Partner, Ireland t/a SSP Ireland v Albert Fordjour

Posted in: Labour & Superior Court Case Law Review Panel on 23/02/2018 From a legal and practical perspective, the Select Service Partner, Ireland t/a SSP Ireland v Albert Fordjour case is of great relevance as it contains a valuable lesson for all employers with regard investigating alleged issues of misconduct and furthermore in reaching their decision the Labour Co...
Features

Assets v Labour - Labour Court Decisions on Transfer of Undertakings

Posted in: Labour & Superior Court Case Law Review Panel on 25/01/2018 The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 implement “TUPE” in Ireland. Appeals of decisions of the Workplace Relations Commission in this area are now within the remit of the Labour Court. Barry Reynolds analyses key cases which have come befor...
This article is listed under the following topics:
Transfer Regulations (TUPE)
Features

Fair Procedures - The Labour Court View

Posted in: Labour & Superior Court Case Law Review Panel on 24/10/2017 PLEASE NOTE: Since the Lyons v Longford Westmeath ETB decision, Mr. Pat Breen, T.D., Minister of State for Trade, Employment, Business, EU Digital Single Market and Data Protection has asked the Workplace Relations Commission and the Health and Safety Authority to undertake a review of their codes ...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

DHL Express (Ireland) Ltd v. Michael Coughlan [2017]: Labour Court Awards Maximum Compensation Available

Posted in: Labour & Superior Court Case Law Review Panel on 21/09/2017 In a recent decision of the Labour Court, an employee was awarded the equivalent of 104 weeks’ remuneration which is the maximum financial compensation awardable under the Unfair Dismissals Act, and is a level of compensation not often experienced before the WRC or the Labour Court. In it’s decisio...
Features

Why is Ireland's Working Time Legislation Still Out of Date?

Posted in: Labour & Superior Court Case Law Review Panel on 25/08/2017 Dudley Metropolitan Borough Council v Mr G Willetts and Others [2017] UKEAT033416JOJ Introduction Of the basic employment rights provided to workers under employment legislation, the right to a minimum period of paid annual leave is understandably one of the most valued. Up until 1997, the Holidays...
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...