Labour & Superior Court Case Law Review Panel

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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...
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
Features

Statutory Redundancy Payments and Retirement

Posted in: Labour & Superior Court Case Law Review Panel on 15/02/2016 This article from the Labour and Superior Court Case Law Review Panel is written by Alastair Purdy of Purdy FitzGerald and concerns retirement ages and redundancy, a topic of great importance since the commencement of the Equality (Miscellaneous Provisions) Act 2015 last month. In this article, Ali...
Features

The Question of Discrimination and Speaking a Foreign Language in the Workplace

Posted in: Labour & Superior Court Case Law Review Panel on 28/01/2016 The UK Employment Appeal Tribunal has tackled the issue of speaking a language other than English in the workplace. In Kelly v Covance Laboratories Ltd [2015] UKEAT 0186_15_2010, her honour Judge Eady QC held that while it is possible that an instruction not to speak a particular language in the wo...
Features

Disability and Reasonable Accommodation

Posted in: Labour & Superior Court Case Law Review Panel on 06/01/2016 Nano Nagle School v Marie Daly [2015] IEHC 785 (Noonan J, 11 December 2015) This matter came before the High Court by way of an appeal on a point of law pursuant to section 90(1) of the Employment Equality Act 1998 (“the Act”). The appeal was brought on behalf of the Nano Nagle School (“the School”...
Features

Irish High Court Case of Mullally & Ors. v. Labour Court & Anor [2015] IEHC 351

Posted in: Labour & Superior Court Case Law Review Panel on 25/11/2015 Introduction This case removes any remaining doubt as to the question of whether recommendations of the Labour Court lawfully made pursuant to industrial relations legislation are open to challenge by way of judicial review. In short, they are not. While it is accepted that determinations of the La...
Features

Ferreira da Silva e Brito and Others [2015] EUECJ C-160/14

Posted in: Labour & Superior Court Case Law Review Panel on 12/10/2015 The Irish statute European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 implement requirements under the EU Directive of 2001. Síobhra analyses the recent case of Ferreira da Silva e Brito and Others [2015] EUECJ C-160/14, where the CJEU considered whether the ...