ARTICLE · 17 DECEMBER 2018

Lyons Decision Overturned

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The High Court decision in Lyons V Longford Westmeath Education and Training Board [2017/IEHC 272] arguably caused the most controversy in the world of employment law in 2017, not least because the High Court ...

IrelandEmployment and HR

Russell Rochford

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Background

The High Court decision in Lyons V Longford Westmeath Education and Training Board [2017/IEHC 272] arguably caused the most controversy in the world of employment law in 2017, not least because the High Court appeared to suggest that an employee is entitled to legal representation as part of fair procedures in all disciplinary processes (listen to our podcast) on this decision. This position was at odds with the Supreme Court judgement in Burns and another v The Governor of Castlerea prison [2009] 3.1.R. 682 which held that legal representation should only be appropriate in a disciplinary process in 'exceptional circumstances'.

Lyons Overturned

The Court of Appeal recently handed down its judgement in the case of Iarnrod Eireann/Irish Rail and Barry McKelvey which has now clarified the position in respect of legal representation in a disciplinary process by re-affirming the judgement in Burns.

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