194 results found

The People at the suit of the Director of Public Prosecutions .v. Patrick Monaghan (Drogheda) Limited. [2014] IECA 52.

In November 2013, the English High Court held in JM Finn & Co Ltd v Holliday that a garden leave covenant of 12 months' duration was reasonable in circumstances where a client base needed to be secured.

In the latest episode of Matheson's Employment Law Podcast series, Bryan Dunne discusses a recent decision of the Irish Court of Appeal that overturned an earlier 2014 High Court decision...

A recent Labour Court decision considered an employer's refusal to allow an employee to return to work, even though the employee's doctor deemed him fit to return.

The Supreme Court has found, by a narrow majority, that the Workplace Relations Act 2015 (the Act) as implemented by the Workplace Relations Commission (WRC) is not unconstitutional.

In a recent High Court case, Delaney v Central Bank of Ireland [2011], which involved a referral by the Central Bank of a senior employee for psychiatric assessment, Ms Justice Laffoy commented on the principles to be adhered to by employers in referring employees for medical examination in order to accord with fair procedures.

The decision gives some useful insights into the practicalities of running an internal investigation and hearing, and the extent to which the Tribunal accepts that not all investigations are perfect.

ByrneWallace LLP Employment Partner Emmet Whelan joins CIPD Ireland as part of their recent podcast episode where they discuss Protected Disclosures legislation in Ireland...

The recent Labour Court decision of Grainne O'Hara v Kepak Convenience Foods Unlimited Company which was a cross appeal by both parties, has caused widespread concern amongst employers.

In the latest episode of Matheson's Employment Law Podcast series, Bryan Dunne discusses a recent decision of the Irish High Court which illustrates the risks to an employer...

High Court awards €16,000 for failure to risk assess a workstation. Failure held not to be causative but a contributory factor in the development of a chronic inflammatory condition.

In general, an employee is not entitled to be represented by a solicitor in an internal disciplinary investigation or hearing.

MK was employed as CEO by the Company, a supplier of medical clothing, since 1 February 2021. MK was also appointed director of the Company's other related entities.

In the recent case of Hussein v The Labour Court and Younis, the High Court quashed a €92,000 award made by the Labour Court to a non-national man in relation to employment law breaches because his employment was unlawful, as he did not have a work permit.

Often when an employee is suspected of misconduct, an employer will commence an investigation prior to initiating any disciplinary process.

Plaintiff awarded €90k for back injuries related to a manual handing accident and psychological injuries arising out of a bullying and harassment in the workplace

In a decision issued on 21 July, the European Court of Justice has held that although the burden of proof can shift from the Respondent to the Claimant in circumstances where the Claimant can show that there are facts from which it may be presumed that there has been direct or indirect discrimination, and thereafter it is up to the Respondent to prove that there has been no breach of the principle of equal treatment (i.e. burden shifting), the Claimant has no automatic right to informati