Insights
Severance Agreements and the Importance of Independent Legal Advice
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...
Double Employment: Disproportionate Dismissal
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...
Sexual Harassment in the Workplace: A Stark Reminder for the Employer
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...
Alastair Purdy advises on sale of one of the Ireland’s leading accident repair specialists
Alastair Purdy LLP, advices on the share purchase of Frank Byrnes Autobody Repairs, one of the Ireland's leading accident repair specialists. As a technology orientated law firm, we were yet again in a prime position to complete a massive project despite the ongoing...
Reasonable accommodation for disabled employees includes consideration for working from home
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...
Alastair Purdy successfully proves that dismissal of IT Officer was proportionate
Here the employee was employed an IT Officer and commenced employment in 2018. His role was to ensure IT compliance and technical governance within the Credit Union. However in 2019, the employee was placed on a performance improvement plan ("PIP"), following an...
Alastair Purdy LLP advises on sale of MDI Medical Limited and MDI Medical (N.I) Limited
Alastair Purdy LLP are delighted to have advised MDI Group Limited on the sale of MDI Medical Limited and MDI Medical (N.I) Limited to the Hospital Services Limited for an undisclosed amount. Despite the ongoing restrictions, our firm was in a position to manage and...
Alastair Purdy successfully defends complaint of discrimination for Harvey Norman
Alastair Purdy successfully argued that "lazy eye" does not constitute a disability for the purposes of the Employment Equality Acts 1998-2018. Here the Respondent was subject a complaint of discrimination pursuant to the Employment Equality Acts 1998-2018. The...
Alastair Purdy LLP successfully defends age discrimination claims against Galway Clinic
Siobhan McGowan of Alastair Purdy LLP successfully defended a a variety of age discrimination claims on behalf of the Galway Clinic against a former employee who asserted that she was entitled to a permanent contract of employment despite attaining the normal...
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Non- Compete Clauses: Peter Bellew v Ryanair High Court – [2019]
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...
Right to legal representation in workplace disciplinary procedures
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...
Contracts of Employment: Overhaul of Sunday Premiums
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 LLP advises in sale of Leading Insurance Broker
Alastair Purdy LLP are delighted to have been involved as lead solicitors in the Sale of Murray & Spelman to Arachas Corporate Insurance Brokers. It is one of the largest Insurance Broker sales in the state.
Retirement in the Workplace: A Tactical Guide for Employers
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...
Moving towards a “The Right to Disconnect”: A step too far?
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...
The Punishment Must Fit the Crime
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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