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] … Read more
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 … Read more
I nearly threw up my porridge when I read of this case. Joan Healy and Michael Healy against Bia Ganbreise Teoranta (full decision here). This case involved the effectiveness of a settlement agreement to prevent future claims arising from the employment. This is a common type of agreement used to settle many employment related disputes. … Read more
I regularly meet employees who complain of being stressed. And who want to make a claim against their employer as a result. But it’s not quite that straightforward. Because of the difference between occupational stress and workplace stress. Workplace stress is actionable. Occupational stress isn’t. A March, 2014 judgment in the High Court in the … Read more
Employers’ insolvency. Disaster for you as an employee. An employer’s insolvency causes huge problems for employees, especially in relation to arrears of pay, holiday pay, sick pay, and notice entitlements. The insolvency can fall into one of a number of categories e.g. has a receiver, liquidator, or examiner been appointed? The appointment of an examiner … Read more