Courts / Galway / Report
Broadcaster can continue with claim against lawyer's handling of unfair dismissals claim
Summary
The High Court has dismissed a barrister's bid to strike out a negligence action brought by broadcaster Gemma Ní Chionnaith. Ms Ní Chionnaith, who has worked for TG4 and Radio Na Gealtachta, sued Co Galway barrister John Fahy and the National Union of Journalists over their handling of an unsuccessful unfair dismissal claim she brought against RTE. The parties deny all allegations. Ruling on a pretrial motion seeking to strike out the claim on grounds of delay, Ms Justice Siobhan Phelan stated there was no proper basis to dismiss the proceedings at this stage. The broadcaster's damages claim stems from advice allegedly received regarding a 2010 Unfair Dismissals action arising from her time with Radio Na Gealtachta. She claims Mr Fahy advised her she had acquired the right to a contract of indefinite duration but failed to advise her to secure that right under the 2003 Protection of Employees Act. Consequently, she launched an unfair dismissal claim in June 2010, which was rejected by a Rights Commissioner in 2011 as out of time. A subsequent application for an extension of time was refused in January 2012. Ms Ní Chionnaith alleges negligence by both defendants. In her judgment, Ms Justice Phelan acknowledged inordinate delay but ruled that the balance of justice favoured the case proceeding to a full hearing, noting the action was not particularly witness-dependent. The court awarded Ms Ní Chionnaith her costs of the motion.
Who, what, where, when and why
What: Report matter: Broadcaster can continue with claim against lawyer's handling of unfair dismissals claim. Procedural stage: hearing_or_decision
When:
- May 2010 Other
- June 2010 Other
- January 2012 Other
- 2005 and 2010 Other
- 2022-04-08 Publication
Case subjects
Applicant
Applicant
Applicant
Applicant
Places mentioned
- The High Court
Topics
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