Labour & Superior Court Case Law Review Panel

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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
Features

Duty to Consult and the Protection of Employment Act 1977

Posted in: Labour & Superior Court Case Law Review Panel on 14/07/2015 Earagail Eisc Teoranta v Doherty and others [2015] IEHC 347 The obiter comment of Mr Justice Edwards in Permanent Defence Forces Other Ranks Representative Association v The Minister for Finance and Others (‘PDFORA’) to the effect that the Payment of Wages Act 1991 had no application to reductions...
Features

Time Limits and "Reasonable Cause"

Posted in: Labour & Superior Court Case Law Review Panel on 18/06/2015 A claim being brought by an employee under a piece of employment legislation or to the courts will generally be subject to a time limit. A claim brought outside the relevant time limit is said to be ‘statute barred’ so that regardless of the merits of the claim, it will not be considered. The gener...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues
Features

Woolworths Collective Redundancy Case and its Relevance in Ireland

Posted in: Labour & Superior Court Case Law Review Panel on 19/05/2015 A collective redundancy under Irish law is determined by the Protection of Employment Acts 1977 to 2014 (“the Act”) and involves situations where dismissals effected by reason of redundancy in any period of 30 consecutive days exceed certain thresholds. See the unofficial restated version of the Ac...
This article is listed under the following topics:
Redundancy and Reorganisation Collective and Trade Union Issues
Features

High Court under the Protection of Employees (Temporary Agency Work) Act 2012 (‘the 2012 Act’)

Posted in: Labour & Superior Court Case Law Review Panel on 20/04/2015 Alan Haugh BL writes:Mulholland v QED Recruitment Limited [2015] IEHC 151IntroductionThis is the first decision of the High Court under the Protection of Employees (Temporary Agency Work) Act 2012 (‘the 2012 Act’). The matter came before the High Court by way of an appeal on a point of law from a d...
Features

Irish Supreme Court, Christian Brothers High School Clonmel v Stokes [2015] IESC 13

Posted in: Labour & Superior Court Case Law Review Panel on 16/03/2015 Cathy Maguire BL writes:Christian Brothers High School Clonmel v Stokes [2015] IESC 13 Stokes, a judgment of the Supreme Court under the Equal Status Acts, is required reading for every employment practitioner. It lays down clear criteria for the determination of claims of indirect discrimination e...
Features

Protection of Employees (Temporary Agency Work) Act 2012

Posted in: Labour & Superior Court Case Law Review Panel on 18/02/2015 Alastair Purdy, Partner at Purdy FitzGerald writes: Recent case law on Protection of Employees (Temporary Agency Work) Act 2012The Protection of Employees (Temporary Agency Work) Act 2012 was enacted to give effect to directive 2008/104/EC. The operative Section of the Act is Section 6 which provid...
Features

Onerous Obligation to Accrue Holiday Pay for a Worker on Long-term Sick Leave

Posted in: Labour & Superior Court Case Law Review Panel on 22/01/2015 Everything in law is not always as it seems. One of the issues that creates difficulties for employers is that even where legislation or court decisions state matters very clearly, there can be other legal considerations which mean that a particular piece of legislation or court decision is not app...