Labour & Superior Court Case Law Review Panel

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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 ...
Features

Temporary Agency Work Developments

Posted in: Labour & Superior Court Case Law Review Panel on 22/09/2015 We asked Paul Joyce BL to analyse some 2015 Labour Court cases on rights under the Protection of Employees (Temporary Agency Work) Act 2012. Background to the Act When the Protection of Employees (Temporary Agency Work) Act 2012 was introduced in May 2012, there was some speculation that its fa...
Features

Disciplinary Investigations and Procedures

Posted in: Labour & Superior Court Case Law Review Panel on 15/09/2015 Case Note on Stevens V University of Birmingham[1] The manner in which disciplinary investigations are conducted is of significant importance to employer and employees alike. For an employee it is critical that a disciplinary investigation is conducted fairly and objectively as experience tells us ...
Features

When might a fixed term contract be deemed a contract of indefinite duration?

Posted in: Labour & Superior Court Case Law Review Panel on 11/08/2015 Case National University of Ireland Maynooth v Dr Jennifer Wood (Labour Court, Determination No. FTD/1511) Background Dr Wood commenced employment with National University of Ireland Maynooth (NUI Maynooth) in September 2006. She was engaged on seven written contracts of employment for each aca...
This article is listed under the following topics:
Contracts of Employment