Labour & Superior Court Case Law Review Panel

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Why is Ireland's Working Time Legislation Still Out of Date?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