Court archive

Court reports mentioning Castlebridge, Wexford

2023-06-20 · Cork

Unvaccinated applicant loses discrimination claim against nursing home

In a June 2023 decision, the Workplace Relations Commission dismissed Hilary Ellis's claim that she was discriminated against for refusing a Covid‑19 vaccine on religious grounds when applying to Araglen House Nursing Home in Cork. Ellis, a Christian Scientist, argued that her faith allowed her to refuse medical treatment. The nursing home's HR manager, Chris Woods, informed her that vaccination was a mandatory condition for all employees and that she would not be employed if unvaccinated. The commission's adjudicating officer, Thomas O'Driscoll, found that Ellis's position was not a protected religious belief under the Employment Equality Act 1998 and that the nursing home's vaccine requirement was a valid condition of employment to protect residents. Consequently, the complaint was rejected, with the commission concluding no discrimination had occurred. The decision was published on 20 June 2023.

2019-05-29 · Wexford

SEC and Minister win limited appeal over Rebecca Carter judgement

In a limited appeal, the State Examinations Commission (SEC) and the Minister for Education and Skills won against parts of a High Court decision that had allowed student Rebecca Carter to enrol in veterinary medicine at UCD. The Court of Appeal, comprising Justices Peart, Baker and Brian, held that the High Court had incorrectly found an unenumerated constitutional right to higher education, a claim not raised by Carter. The Court noted that the High Court had no jurisdiction to decide on such a right because the parties who could address it were not before the court. The ruling does not affect Carter's place at UCD or her legal costs. The High Court had earlier found the appeals process unfair and urged the Minister to review it. The SEC's appeal also challenged the High Court's findings on the appeal system's rationality and fairness, which the Court upheld as erroneous.

2018-12-14 · Wexford

Minister and State Exams Committee to appeal parts of Rebecca Carter judgement

The State Examinations Commission and the Minister for Education and Skills have appealed certain aspects of a High Court judgment that allowed student Rebecca Carter to take up a place in veterinary medicine at University College Dublin. The appeal was briefly mentioned before Mr Justice Mary Irvine at the Court of Appeal on Friday. Nuala Butler SC, representing the Minister, stated that the client wished to appeal specific parts of the judgment and sought the earliest possible hearing date. Ms Justice Irvine listed the appeal for late May but expressed hope it could be heard earlier. Ms Carter, of Rectory Hall, Castlebridge, Wexford, will participate as 'legitimus contradictor.' It is understood that her legal costs have been indemnified by the State appellants. The original High Court judgment, delivered by Mr Justice Richard Humphreys, ruled that the appeals process was highly unfair and not fit for purpose. The Minister and Department of Education were directed to review the process to ensure appeals are completed before the start of the academic year in 2019. The outcome of the current appeal will not affect Ms Carter's place at UCD, nor will she be liable for legal costs if the appellate court finds in the State parties' favour. The matter remains at the appeal stage.

2018-10-03 · Wexford

Leaving Cert error correction system "manifestly not fit for purpose", judge finds

In a High Court hearing, Mr Justice Richard Humphreys delivered a written judgment in an application brought by Rebecca Carter, an 18-year-old student from Rectory Hall, Castlebridge, Wexford, against the State Examination Commission (SEC). The judge found that the SEC's error correction system was "manifestly not fit for purpose" and "highly unfair," causing "untold stress" to applicants. The case concerned Carter's Leaving Certificate points, which were wrongly computed, initially leaving her six points short of the requirement for Veterinary Medicine at UCD. Following a review, her Business Studies grade was increased from H2 to H1, correcting the total to qualify her for the course. The judge ruled that the SEC must rectify the error in totalling marks before UCD closed its 2018 admissions. Although Carter successfully secured her place and was awarded costs, the judge noted she lost the initial weeks of her course due to delays in the appeal process. The judgment criticized the lack of coordination among education agencies, stating the situation "cannot be repeated." The SEC had opposed the application, arguing it was self-serving, but the judge acknowledged the severe stress the matter caused Carter. The decision highlights systemic failures in the review process, despite the successful outcome for the applicant.