Month: December 2014
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Duplicate or Parallel Proceedings-Can Employment Litigation Drag On Forever in Different Venues?
An 1843 case, Henderson v Henderson, gives us a common law rule “that there should be finality in litigation and that a party should not be twice vexed in the same matter”. Four recent Irish cases address again the issue of duplication of proceedings. Cunningham -v- Intel Ireland Ltd Cunningham -v- Intel Ireland Ltd [2013]…
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Independent Contractor or Employee-the Crucial Significance in an Unfair Dismissal Case
When a person brings a claim for unfair dismissal under the unfair dismissal legislation, there is one essential proof that they must establish at the outset: they must prove they were an employee. In most cases this is clear and is not a problem. But if the employer can show that the person was an…