Author: Terry Gorry
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Supreme Court decides Domino’s Pizza drivers are employees
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…
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Suspending an employee pending an investigation-new Supreme Court decision provides clarity
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…
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Employee on probation granted injunction preventing the appointment of another person to her position
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…
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Court of Appeal dismisses Enoch Burke’s appeal-decisions of the 3 Judges
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…
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False claim of racial slur and statements made after dismissal leads to €9,000 for unfair dismissal
A bus driver was recently awarded the best part of €9,000 in an unfair dismissal claim against his former employer for gross misconduct. The employer, Blue Line Coaches Limited, trading as Nolan Coaches, claimed the driver used a racial slur in describing a Chinese person as “a fat Chinese c***”. But the WRC adjudicator, Kevin…