Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 AUGUST 2012

Defending A Health & Safety Prosecution - A Lighter Burden

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
Contributor
Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

Managing Partner: Will Carmody Chair: Philip Nolan Number of partners: 124 Languages: French,...

View firm profile
Explore more from Mason Hayes & Curran LLP

The decision of the Irish Court of Criminal Appeal (CCA) in DPP v PJ Carey (Contractors) Limited (18th October, 2011) represents a positive development for companies defending prosecutions for serious health and safety offences in Ireland.

IrelandEmployment and HR
Susan Bryson
Susan Bryson
Author LinkedIn connections

The decision of the Irish Court of Criminal Appeal (CCA) in DPP v PJ Carey (Contractors) Limited (18th October, 2011) represents a positive development for companies defending prosecutions for serious health and safety offences in Ireland. The case sets down several principles which operate where the prosecution fail to submit sufficient evidence to the court to prove that there has been a breach of relevant health and safety legislation.

The jury in the case found the defendant, PJ Carey (Contractors) Limited,  guilty under Section 6.1 of the Safety, Health and Welfare at Work Act 1989 of failing to provide a system of work that was planned, organised, performed and maintained so as to be, as far as reasonably practicable, safe and without a risk to health.  The case concerned a fatality which occurred at a site which the defendant operated. An employee of the defendant entered an open trench which subsequently collapsed, killing him.  Upon conviction the defendant

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Neurodivergence And Reasonable Accommodation: What Employers Need To Know

Employers face growing challenges in supporting neurodivergent employees, with up to 20% of the global population potentially affected by conditions like ASD, ADHD, and dyslexia. Irish law mandates reasonable accommodations under the Employment Equality Acts, but what constitutes appropriate measures and when does the burden become disproportionate? Recent case law reveals the narrow interpretation of employer defenses and the significant financial consequences of failing to properly assess and implement wo
IrelandEmployment and HR
RDJ LLP
RDJ LLP
Article

The Future Of Hybrid Work: Balancing Flexibility & Productivity

As Ireland's large employers increasingly mandate fixed office attendance days, new research reveals how hybrid working is evolving from unrestricted flexibility toward more structured models. With productivity concerns driving policy changes and three-day office weeks emerging as the standard, businesses face the challenge of balancing operational needs with employee wellbeing and retention priorities.
IrelandEmployment and HR
William Fry LLP
William Fry LLP
Article

Should I Stay Or Should I Go? Performance Management Or Exit Option?

Irish employers are increasingly exploring the 'PIP or Go' model as an alternative to traditional performance management processes, offering underperforming employees a choice between entering a formal performance improvement plan or accepting an exit package. While this approach can expedite internal processes and reduce administrative burden, it carries significant legal risks including constructive dismissal claims, discrimination allegations, and potential challenges to subsequent dismissal procedures.
IrelandEmployment and HR
Matheson
Matheson