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ARTICLE · 08 AUGUST 2024

Irish Court Awards €5,500 For Non-Material Damages Data Protection Claim

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The plaintiff was on sick leave from his employment with the defendant in August 2022. On the last day of his sick leave, he was cutting overhanging branches at a relative's home.

IrelandPrivacy
Paul Convery
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Rachel Hayes
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Adele Hall
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McCabe v AA Ireland Ltd [2024] IECC 6

The plaintiff was on sick leave from his employment with the defendant in August 2022. On the last day of his sick leave, he was cutting overhanging branches at a relative's home. He noticed the defendant's operations manager recording him on his mobile phone (Recording). The plaintiff protested angrily to the Recording and claimed he was being wrongfully recorded out of work. The following day, the plaintiff was suspended from his job pending an investigation. Following a disciplinary hearing in September 2022, the plaintiff was summarily dismissed. The plaintiff's reaction to being recorded was given as part of the reason for his dismissal. The dismissal was upheld on appeal before the Workplace Relations Commission (WRC).

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