Terry Gorry An employee on maternity leave is on “protective leave” and cannot have her contract of employment terminated. This protection also applies to any purported redundancy. Section 23 of the Maternity Protection Act 1994 provides the protection: Voidance of certain purported terminations of employment, etc. 23.—Each of the following shall be void: (a) any purported termination … Read more
In October 2023 the Supreme Court has decided that the drivers in this case are employees. The Supreme Court has issued an important decision in the long running case involving Domino’s Pizza delivery drivers. This is a decision which will have significant impact in other cases which involve the issue of whether an employee is … Read more
The Supreme Court have delivered a judgment on 10th May 2023 concerning the issue of suspending an employee pending an investigation. It its decision in the case of O’Sullivan v HSE [2023] IESC 11 the Supreme Court approved the test set out in the English case Braganza v BP Shipping [2015] 1 W.L.R. This case … Read more
The recent High Court decision in the case of Anna Buttimer and Oak Fuel Supermarket Limited Trading as Costcutter Rathcormac deals with the question of termination of employment during the probation period. In this case Anna Buttimer sought a High Court injunction preventing her employer from terminating her employment, stopping the employer from replacing her … Read more
Here is the decision of the President of the Court of Appeal in the Enoch Burke appeal of two High Court decisions in the The Board of Management of Wilson’s Hospital School and Enoch Burke. Here is the decision of J. Whelan. Here is the decision of J. Edwards. Summary This case is not about … Read more