Terry Gorry The Department of Social Protection published a Code of Practice on Determining Employment Status in January 2023. They have now updated it in November 2024 to take into account the Supreme Court decision in Karshan (Midlands) Ltd t/a Domino’s Pizza case. That case is a seminal case in addressing the question of who is an … Read more
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