O'Donovan -v- Over-C Technology Ltd & ANOR [2020] IEHC 291 Introduction On the 12th June 2020, Keane J granted a Fennelly Order as part of an interlocutory injunction application, in favour of Mr. O’Donovan [“the Applicant”] following his summary dismissal on the...
Keeling’s Retail Unlimited Company v Wasim Haskiya [2020] ADJ – 00012963/ UD/19/96 On the 17th August 2020, the Labour Court overturned[1] an adjudication officers decision from the WRC and awarded an employee [‘the claimant’] €50,000 pursuant to Section 8 A of the...
TRANSDEV IRELAND LIMITED V CALPIS [2020] IEHC 403[1] The High Court recently upheld the Labour Court’s decision ordering reengagement of a Luas Driver who had been dismissed for ‘moonlighting’ as a taxi driver. WHAT IS ‘MOONLIGHTING’? Moonlighting is the colloquial...
A CARE ASSISTANT SUPERVISOR V A NURSING HOME[1] On the 27th July 2020, the Workplace Relations Commission [‘WRC’] found a nursing home vicariously liable for the actions of 93 year old resident, awarding 3 separate employees a total €150,000 following allegations of...
An Executive v A University [2020] ADJ – 00022851 Introduction On the 11th June 2020, an employer was found to have discriminated against a former employee on the grounds of disability for failing to reasonably accommodate their request to work from home due to their...
![Non- Compete Clauses: Peter Bellew v Ryanair High Court – [2019]](https://purdyandco.ie/wp-content/uploads/2021/09/Services-Page-Corporate-400x250.jpg)
As 2019 came to a close, the High Court issued one of its final decisions of the legal calendar, determining that the 12 non-compete clause Ryanair’s former Chief Operations Officer, Mr. Peter Bellew was unenforceable and void, following the airlines efforts to block...
The Supreme Court, in McKelvey v Irish Rail [2019], have issued a welcome clarification of an employee’s entitlement to ‘representation’ during internal disciplinary procedures; ruling that same is only permitted in ‘exceptional’ circumstances. Unless this standard is...
In the recent case of Trinity Leisure Holdings Limited (t/a Trinity City Hotel) v Kolesnik & Anor [2019] IEHC 654, an employer was successful before the High Court in appealing the Labour Court’s decision which had previously found in favour of the two employees,...
Alastair Purdy & Co. are proud to announce that we were winners in the recent Irish Law Awards 2019. For two years running, we have won “Connacht/Ulster & Munster Employment Law Firm/Team/Lawyer of the Year”. The Irish Law Awards took place on Friday, 14th...
Introduction The phrase that “age is merely a mindset” seems to be growing in relevance as today’s aging workforce becomes more eager to work beyond the traditional retirement age of 65. Retirement based age discrimination has had a surprise resurgence in recent years...
Kepak Convenience Unlimited Company -v- Grainne O’Hara [2018] ADJ- 00008654 In a decision made earlier this month, the Labour Court upheld an award of €7,500 in favour of the Complainant against her former employer for working more than 48 hours in a week by merely...
Disciplining employees can be a difficult process for any employer, especially in circumstances where the employee may not appreciate the gravity of their misconduct. However, the law expects an employer to act reasonably at all times when reprimanding employees and...
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