Court archive

Stage Charge Or Pretrial court reports

2024-02-19 · Ireland

AI start-up must pay former exec €10k over illegal wage cuts

The former chief technical officer of Altada, Denis Canty, obtained a €10,238.01 award from the Workplace Relations Commission for an illegal 22.5% wage deduction that began in July 2022 and continued until October 2022. Canty claimed the deduction from his €125,000‑a‑year salary after the company was put on layoff in July and later entered receivership on 4 November 2022. He resigned three weeks later. Canty's claim was filed after the receivership process had begun, and although the initial six‑month deadline had passed, the adjudicator accepted his claim as within an extended period due to the "storm and stress" of the receivership. The commission declined to consider a separate €39,000 claim for an unpaid bonus, as it was not included in the original statutory complaint. Canty's award follows a similar compensation of €24,262 awarded to former Altada executive Graham Baitson.

2024-02-16 · Dublin

Second activist loses discrimination claim after being barred from Women's Council meeting

Sandra Adams, a member of the pressure group The Countess, claimed she was denied entry to a National Women's Council of Ireland (NWCI) meeting on 9 June 2022 because of her religious beliefs, alleging discrimination under the Equal Status Act 2000. The NWCI argued that a risk assessment had to be escalated after a press release by The Countess threatened a transgender board member, raising concerns about potential disruption and harm. Witnesses testified that Adams would have been admitted if not for the press release, and that the NWCI's decision was based on safety rather than religious discrimination. The tribunal found no evidence of discrimination, concluding that the refusal was on non‑discriminatory grounds. Adams' claim was dismissed, marking the second loss for a Countess activist in similar disputes.

2024-02-13 · Offaly

'Quite simply beyond belief': company sacked worker recovering from broken pelvis

A crane hire company, Gabriel O'Brien Crane Hire Ltd, was ordered to pay €14,000 to Enda Fox after the Workplace Relations Commission found the dismissal of Fox, who was recovering from a broken pelvis, to be an egregious breach of employment law. Fox, who fell from a crane in June 2022 and was declared fit to return to work, was terminated on 1 August 2022 after he had submitted sick notes and requested a form to claim sick pay. The company's representatives denied all claims of discrimination. The adjudicator noted the company's failure to provide reasonable accommodation and the lack of fair procedures, awarding Fox €10,000 for discrimination and an additional €4,000 for breach of the Terms of Employment Information Act 1994, bringing the total to €14,000. The case highlighted the company's disregard for disability rights and employment obligations.

2024-02-12 · Ireland

Social worker can't pursue claim over 'adverse' reference

An agency social worker, Jonathon Joyce, claimed he lost a job offer after a Health Services Executive (HSE) manager gave an adverse reference to a recruitment agency. He said the reference led to him being unable to work as a social worker and forced him to take lower‑paid work as a healthcare assistant. Joyce worked for the HSE's Child and Adolescent Mental Health Services (CAMHS) on a series of contracts from March 2021 to December 2022, resigning in June 2022 and returning as maternity cover. He alleged that his manager accused him of putting patients at risk for not attending work, gave him one week's notice of dismissal in December 2022, and that the reference contained negative comments about his performance and team relationships. The Workplace Relations Commission (WRC) found Joyce had less than the 12 months of continuous service required for the Unfair Dismissals Act to apply, and rejected his claim on jurisdictional grounds.

2024-02-08 · Laois

Claims of ageist pay discrimination at top levels of Prison Service dismissed

Three senior officials in the Irish Prison Service have failed in equality claims at the Workplace Relations Commission, alleging they faced age discrimination through unequal pay. The claimants—operations director Don Culliton, ICT and governance director Donna Creaven, and former acting director of HR Trevor Jordan—each sought salary increases of between €32,000 and €36,000 to match the €142,892 pay of former director of care and rehabilitation Fergal Black. Ms Creaven also claimed gender discrimination. The Prison Service maintained that Mr Black's higher salary reflected "red-circling"—retention of original contractual terms—dating from his 1993 appointment and preserved during the agency's 2007 decentralisation to Longford, when medical qualifications ceased to be mandatory. Adjudicator Breiffni O'Neill accepted the respondent's historical account and found the pay disparity objectively justified, rejecting all three complaints.

2024-02-08 · Westmeath

Respite Centre accused of firing worker who said he raised safety concerns

In February 2024 a dispute arose at the Kilbixy Paddocks respite centre near Mullingar, Co. Westmeath, after a newly hired worker, Fionn Mullen, alleged that he was dismissed for raising safety concerns. Mullen claimed that on 17 December 2022 he was left alone to manage a 12‑year‑old boy, referred to as "Service user A", who he said bit, hit and attempted self‑harm. He said he used beanbags and foam pads to control the child until the boy tired and lay down, after which a colleague took over. Mullen said the centre's management fired him on probation, citing "extreme" views contrary to the centre's philosophy of care. The centre denies the allegations, calling Mullen's account a fabrication and stating that the boy's behaviour was different. The case was adjourned for further evidence, with the company contesting additional complaints under the Organisation of Working Time Act 1997. The tribunal has not yet reached a decision.

2024-02-07 · Ireland

Legal challenge to fee caps for defence reports of 'considerable concern', judge says

A Central Criminal Court judge, Mr Justice Paul McDermott, expressed concern over a proposed legal challenge to the Department of Justice's fee caps on psychiatric reports for defendants. The judge noted that only a dwindling number of experts are available to prepare such reports for defence. He had been informed that the Department had offered a higher hourly rate for prosecution psychiatrists, up to 50% more than the Criminal Legal Aid Unit's rate. Senior counsel Brendan Grehan had previously complained that the Department's policy limited the hours approved for a defence psychiatrist, causing difficulties in securing assessments. The matter was resolved when the Department approved the full 25 hours originally requested. Mr Justice McDermott welcomed the resolution and warned against further delays, noting the broader concern about the availability of psychiatric experts for defence work.

2024-02-06 · Sligo

Bank entitled to possession of late Sligo woman's home in 'Life Loan' case

The High Court ruled that Bank of Ireland Mortgage Bank is entitled to possession of a property in Ballinfull, Co Sligo, belonging to the estate of the late Bridget Cunningham. The case involved a €60,000 'Life Loan' mortgage taken out by Mrs. Cunningham in 2006/07, which remained unpaid at her death in 2008. Teresa Gillespie, acting as executrix, opposed the bank's 2019 possession claim, alleging it was statute-barred under the 1961 Civil Liability Act and that the bank had delayed action. The bank argued the loan was only payable upon death and that no repayments were made. Mr Justice David Nolan determined that the bank's action for possession was not statute-barred, granting the entitlement to possession. However, he noted that the bank's claim for approximately €90,000 in accrued interest, which substantially exceeds the original loan amount, presents an arguable case regarding limitations and delay. The judge criticized the bank for failing to explain the "enormous delay" in bringing proceedings over 11 years after the death. The matter was adjourned for a full plenary hearing to determine the disputed interest claims, with final orders to be made subsequently.

2024-02-06 · Carlow

Carpet salesman wins €18k for unfair dismissal

Fergal McGrath, a carpet salesman, was dismissed by Lynfrae Trading Company Ltd (trading as Kashan Carpets) after his former boss accused him of misusing a company credit card for cigarettes, lotto tickets and pub expenses. The Workplace Relations Commission found the disciplinary process fundamentally flawed: no written notice of allegations, no notes taken, no appeal provision, and the same person who made the charges acted as the disciplinary officer. McGrath claimed the pub expenses were for missed lunches during delivery runs and that the cigarette and lotto purchase was a one‑off mistake he would have reimbursed. He also argued that the company's van was damaged while he was driving and that he had no knowledge of the damage until later. The tribunal awarded him €18,000 for unfair dismissal, covering almost six months of losses. The decision highlighted the employer's procedural failures and the lack of a proper disciplinary procedure.

2024-02-06 · Dublin

Ryanair 'unreservedly' apologises" to quantity surveyor wrongly banned from flying

In the High Court, Ryanair unreservedly apologised to Eoin Michael Cahill, a quantity surveyor, after incorrectly banning him from flying and writing to his employer identifying him as a disruptive passenger. Mr Justice Rory Mulcahy was informed that the airline accepted Mr Cahill was mistakenly identified as a passenger involved in an altercation with staff on January 2nd. Ryanair, represented by Martin Hayden SC, stated the ban has been withdrawn and offered to correct the record with Mr Cahill's employer, the Jones Engineering Group. The airline proposed paying €10,000 in compensation plus legal costs. Mr Cahill, represented by Paul O'Higgins SC and solicitor CW Ashe, had sought an injunction to lift the ban and correct the defamation, along with damages. He claimed the false allegations threatened his professional reputation, particularly as he travels between Ireland and Denmark for work. Ryanair had previously argued Mr Cahill did not allow sufficient time for an investigation, but the court found the airline had known of the complaint for some time. Mr Justice Mulcahy ordered Ryanair to pay Mr Cahill's legal costs for the injunction proceedings. The matter was effectively resolved through the airline's apology and offer of amends, with the court addressing the costs of the pretrial application.

2024-01-31 · Ireland

Country Music promoter says there may have been 'error' in submission over payments to fiddler

Paul Claffey, promoter of the Michael English Band, says there may have been an "error" in a submission to a State body about payments to fiddler Matt McGranaghan. McGranaghan, who was dismissed by email in September 2021, has asked the Workplace Relations Commission to set aside findings by the Social Welfare Appeals Office that overturned a Department of Social Protection decision declaring him an employee. He argues the office accepted an "unsubstantiated" assertion that he was paid by Paul Claffey Tours Ltd, which he says never happened. Claffey's firm, MEPC Music Ireland Ltd, denies McGranaghan was ever an employee and claims he has no right to pursue a statutory complaint under the Unfair Dismissals Act 1977. McGranaghan's lawyer, Martin McMahon, has accused the firm's barrister of "playing to the gallery" and "barracking" witnesses. The hearing, conducted by adjudicator Caroline Reidy, is closed and a decision is expected in writing.

2024-01-30 · Dublin

Quantity Surveyor sues Ryanair over being 'wrongly' banned from flying

Eoin Michael Cahill, a quantity surveyor, has filed a High Court claim against Ryanair, alleging defamation and an unjust travel ban. Cahill asserts that Ryanair accused him of disruptive behaviour on a flight he did not take and that an email sent to his employer on January 3, 2024, falsely claimed he was disruptive on a Dublin Airport journey. He says the airline's ban prevents him from travelling to Denmark for work and threatens his professional reputation. Cahill has requested details of the alleged behaviour, a correction to the employer, and lifting of the ban. Ryanair initially considered reversing the ban but later asked for time to investigate. Cahill's lawyers seek damages, injunctions against further defamation, and an order preventing Ryanair from maintaining the ban during the trial. The case is set to return to court in early February.

2024-01-24 · Ireland

St John Ambulance volunteer forced to retire fails in equality challenge

John McGrath, a volunteer in his seventies, challenged St John Ambulance's decision to force him to retire because he was over 70, claiming ageist discrimination under the Equal Status Act 2000. He argued the retirement policy was arbitrary and ignored his proven ability to perform the role, citing that he met all certification requirements and had received training. McGrath's letter to the charity in June 2022 stated he would not resign, and he alleged no consultation with the charity's executive, where he sat. The charity defended its policy by citing a 2018 review of its governance structure, noting the executive's average age was 75 and raising health and safety concerns about the physical demands of volunteer work. The Workplace Relations Commission adjudicator, Breiffni O'Neill, found no breach of the Act, concluding that the charity's decision was outside the scope of the Equal Status Act and dismissed the discrimination complaint.

2024-01-23 · Dublin

Paralympian claims Dublin bistro refused him and guide-dog table inside

Martin Gordon, a Paralympic cyclist and barrister, has filed a claim under the Equal Status Act 2000 against Semogo Ltd, the operator of La Maison restaurant in Dublin. He alleges that the bistro discriminated against him and his guide dog by refusing them entry on 14 January 2023 due to a "no dogs inside" policy. The restaurant contends that all indoor tables were booked and only offered outdoor seating. It has provided booking system data to the Workplace Relations Commission but claims that CCTV footage from the day is largely missing, except for brief clips of Gordon's arrival and departure. The hearing began with a dispute over the disclosure of documents and a request for the adjudicator to recuse himself due to a potential bias. The case will be scheduled for a full day of hearings at a later date by the WRC.

2024-01-22 · Wicklow

Man carried out 'brutal assault' on partner after drinking for five days

Dainius Sakevicius, 54, pleaded guilty to one count of assault causing harm on 26 December 2022 after drinking for five days. He entered his former partner's bedroom about 30 minutes after she had gone to bed at 10.10pm, looking for a speaker, and punched her repeatedly on the forehead, right eye, nose and mouth. The victim sustained bruising, swelling, a loose tooth and arm soreness, and was treated at St Vincent's Hospital before being referred to St James's Hospital. Photos and a medical report were presented to the court. Gardai found Sakevicius intoxicated at his Bray address and deemed him unfit for interview. The victim later withdrew her statement and declined a victim impact statement. The case was adjourned to 14 April for finalisation, with a probation report to be compiled. The court noted Sakevicius had no prior convictions and had paid over €4,000 for the victim's medical costs.

2024-01-22 · Ireland

Care worker secures €27k over sexual harassment

In a decision published on 22 January 2024, the Workplace Relations Commission ordered Ability West to pay care worker Shannon Avril Holland €27,000 after finding the organisation liable for sexual harassment by a line manager. The harassment included lewd texts asking for "toe‑curling orgasmic sex" and demanding a "hand job", and unwanted touching. Holland was one of two workers to raise concerns in December 2019. The tribunal found Ability West's training on sexual harassment was insufficient, noting the former HR director admitted no such training had been recorded. Holland's complaint under the Employment Equality Act 1998 was upheld, and the commission highlighted that the organisation failed to provide adequate training or a written policy that was effectively implemented. The decision also noted the organisation's failure to give Holland a copy of the final investigative report. The tribunal's ruling imposed the €27,000 compensation, but the outcome of Holland's constructive dismissal claim remains unpublished.

2024-01-11 · Wexford

Builder's tea not to blame for crocked laptop, WRC told

Barry Cull, a former site manager at BHA Construction Ltd, claims that the company unlawfully docked €620 from his final pay for a laptop damaged by spilled tea and that he was not paid €750 for his last three days of work. He says the payroll administrator, Marie Murphy, never told him he would have to pay for the replacement and that no written agreement existed. Murphy, representing the company, maintains that Cull admitted the damage and agreed to the deduction, and that the laptop was company property. She also says the time‑keeping system recorded only two of Cull's three days, and that the company policy required employees to contact head office if clock‑in failed. The tribunal heard cross‑examination from both parties and will issue a decision in writing. The hearing was held at the Workplace Relations Commission.

2024-01-11 · Ireland

Psychiatrists 'increasingly difficult' to retain due to fixed Legal Aid fees

A barrister, Brendan Grehan SC, told Mr Justice Paul McDermott that the Legal Aid Board's fixed fee of €1,800 for psychiatric expert reports is too low, making it hard to secure psychiatrists for murder trials where up to 20 per cent involve psychiatric issues. Grehan explained that a psychiatrist charged €120 per hour, so the cap would cover only about 15 hours, insufficient for the extensive assessments, evidence review, and interviews required. He said the board had not agreed to raise the fee and that the situation could delay many trials. Justice McDermott adjourned the matter to the end of the month, insisting that an expert must be obtained before the case can proceed and that the board must explain the difficulty. This follows a similar issue raised in October last year, which was resolved without board intervention.

2023-12-30 · Ireland

Film workers 'blacklisted' for raising contract issues are awarded tens of thousands

A group of film set workers who were blacklisted for raising contract concerns have been awarded tens of thousands of euros each by the Workplace Relations Commission. The Irish Film Workers' Association (IFWA) members complained that producers World 2000 Entertainment Ltd and Metropolitan Film Productions Ltd breached the Protection of Employees (Fixed‑Term Work) Act 2003 by failing to honour their right to a permanent contract after four years and by penalising them for challenging the situation. The WRC found that Metropolitan Films International Ltd was the ultimate employer and ordered it to pay €5,000 in compensation to each of 13 workers for the failure to provide a written statement of the reasons for employing them on a specified purpose contract. Ten workers received an additional €25,000 for dismissal penalties. The tribunal also awarded four weeks' wages for breaches of the Terms of Employment (Information) Act.

2023-12-21 · Dublin

Businessman killed as he tried to stop serial car thief taking his vehicle

In a Dublin Circuit Criminal Court hearing, Adam Murphy, aged 22, pleaded guilty to manslaughter after he threw businessman Ian McDonnell from the bonnet of McDonnell's own car while attempting to steal it. Murphy also pleaded guilty to multiple counts of vehicle theft, attempted vehicle theft, property theft and possession of stolen property. His co‑accused, Keith McCormick Smith, also pleaded guilty to similar offences. The court heard that McDonnell was stopped at his business, Ozone Car Sales, and that Murphy and Smith had stolen several cars earlier that day. CCTV footage showed Murphy driving McDonnell's car, accelerating, and throwing McDonnell 46 metres before the car was abandoned. McDonnell was taken to Tallaght Hospital but died on 28 January 2022. The court noted the maximum sentence for manslaughter is life, but the Director of Public Prosecutions suggested a 10‑15 year range. The case was adjourned for finalisation on 12 February.

2023-12-21 · Wexford

Fund ordered to pay €53k over 'forged' signature on mortgage

In a High Court case, Mr Justice Mark Heslin ordered the financial fund Promontoria Oyster Designated Activity Company to pay €53,000 in damages to Elaine Madigan, who claimed her signature on a 2004 mortgage deed was forged. Madigan, a businesswoman and mother of three, had sued the fund and receiver Tim O'Brien over a bungalow she owned in Ballinamorragh, Curracloe, Co. Wexford. She argued that she never signed the mortgage, had no knowledge of any loan, and that the property had been in her family since the 1990s. A handwriting expert retained by Madigan testified that the signatures on the mortgage and related documents were not hers, a finding accepted by the court. The judge dismissed the appeal that the property could be sold, upheld earlier orders preventing sale, and awarded Madigan €43,000 for damages over 43 months of improper maintenance plus exemplary damages of €10,000, totaling €53,000.

2023-12-19 · Dublin

Brothers caught digging up €80k buried in coffee jars in Dublin field

In a Dublin suburb, three brothers – Michael (30), Thomas (39) and Patrick (20) – were caught by Garda helicopter digging up nearly €80,000 in coffee jars at a field in Keatings Park, Rathcoole, on 14 August 2020. The cash, believed to come from burglaries, was found in Lidl coffee jars, with loose cash and a smashed jar, and was damp, suggesting recent excavation. The brothers had earlier approached local businesses to inquire about groundworks on the land and asked that the works be stopped, but were told a builder was removing hedges. They claimed they were building horse fences. Initially charged with money‑laundering, they pleaded guilty to possession of stolen property. The court adjourned sentencing to 4 March 2024 for mitigation pleas. The case involved the "Wall organised crime group" and was investigated with confidential information that the brothers were seeking buried cash. The brothers were arrested and identified on Garda footage.

2023-12-18 · Meath

23-year-old tried to murder mother by setting fire to home and locking her in

In a sentencing hearing, a 23‑year‑old man, Camden Konopka, pleaded guilty to attempting to murder his mother, Fiona Konopka, and to criminal damage. He set fire to their home on 19 September 2019, then locked his mother in and discarded her keys. The fire caused €60,289.47 in damage, mainly to a couch in the living room. Konopka had a history of mental illness, including schizophrenia and autism spectrum disorder, and had been under psychiatric care. He claimed he had consumed opium, antidepressants and wine the day before the fire, feeling suicidal. He also admitted to using his mother's keys to lock the door and throwing them away. The court remanded him in custody and scheduled a probation report for 1 March next year. The mother was not present at the hearing and has since been rehoused.

2023-12-18 · Donegal

Over 200 witnesses involved in Sliabh Liag cliffs murder case, court hears

At the Central Criminal Court, a trial date of January 13, 2025 has been fixed in a case involving two Donegal residents accused of murder. Alan Vial, aged 38, of Killybegs, and Nikita Burns, aged 22, of Bundoran, face charges relating to the death of a man in his 60s originally from County Tyrone. The body was discovered in waters off Sliabh Liag cliffs on July 3, 2023, following a comprehensive search operation. The court heard that the book of evidence contains 213 witnesses. Mr Justice Paul McDermott indicated the trial is expected to last approximately four weeks and advised counsel to identify areas of agreed evidence beforehand, given the substantial witness list involved in the proceedings.

2023-12-12 · Dublin

'Culture of racism' at major security firm, WRC told

A Workplace Relations Commission hearing heard a complaint under the Employment Equality Act by Sayed Baqur-Hussain against One Complete Solutions Ltd. The applicant, a former account manager, alleges a "culture of racism" contributed to his demotion and final written warning following an incident on August 30, 2022. Mr. Baqur-Hussain admits punching an alleged shoplifter, referred to as Mr. X, but claims self-defence after the man used racist language, made a death threat, and struck a security officer. The company accused him of acting in revenge and failing to de-escalate, resulting in his demotion to security guard. The applicant contends that a non-Indian manager involved in the same incident faced no sanction, citing racial discrimination. Witness Przemyslaw Pindel, a former rostering administrator, testified to a toxic workplace environment, including racist remarks by an account manager and discriminatory overtime policies favouring Irish managers. The company's representative argued the sanctions were based on investigation findings of gross misconduct. The matter is at the charge or pre-trial stage, with the hearing adjourned to resume in the new year. Two further witnesses for the applicant and five to six for the respondent are expected to testify. No final determination has been made.

2023-12-09 · Sligo

Daughter claims bank not entitled to possession of late mother's home

The High Court heard arguments on Friday regarding a possession claim by Bank of Ireland Mortgage Bank against the estate of the late Bridget Cunningham, who died in July 2008. Mrs Teresa Gillespie, acting as executrix, argued that the bank's action is statute barred under the 1961 Civil Liability Act because it was not brought within two years of her mother's death. The bank, which claims approximately €150,000 in debt, commenced proceedings in 2019 against the property in Ballinfull, Co Sligo, valued at €180,000. The loan, a €60,000 'Life Loan' taken in 2006/07, became due upon the borrower's death. Ms Gillespie, represented by Martin Hayden SC and Eoin O'Shea BL for McDermott, Creed and Martyn Solicitors, contended that the bank is not entitled to the interest charged and rejected allegations that she has been living in the vacant property. The bank, represented by Brian McGuckian BL, asserted that Ms Gillespie has no defence. Mr Justice David Nolan reserved his decision and will deliver judgement at a later date.

2023-12-08 · Ireland

Garda analyst alleges "continuing penalisation" for exposing errors in homicide data

Lois West, a former deputy head of the Garda Analytics Service, claims she has suffered ongoing penalisation after exposing statistical errors in Garda homicide data in 2018. She alleges that her salary of €98,000 a year was lost and she was forced to take sick leave in December 2020 because of the force's alleged wrongdoing. West has filed statutory complaints under the Protected Disclosures Act 2014, the Health, Safety and Welfare at Work Act 2005, and the Payment of Wages Act, naming the Garda Commissioner, the Minister for Public Expenditure and Reform, and the government. In a preliminary hearing, her barrister, David Byrnes BL, argued that the Minister for Public Expenditure held ultimate responsibility for West's employment conditions as a civil servant. Byrnes also sought a data‑subject access request for West's personnel file and other documents related to her complaints and the review of homicides.

2023-12-07 · Ireland

Veteran gambling industry exec takes case against GBE Technologies

Lawyers for Conall McSorley, a 30-year veteran of the gambling industry, have threatened to withdraw from a case at the Workplace Relations Commission, claiming their client is being denied a fair hearing. Defence evidence was interrupted when McSorley's barrister objected to questions about management control over his work being put to a CEO, as these had not been raised in cross-examination. McSorley, who accuses GBE Technologies Unlimited of unfair dismissal, instructed his legal team not to return for further evidence, stating the firm should 'mend its hand'. A key issue is whether McSorley was an employee or a contractor. GBE claims he was never an employee, arguing he worked as a contractor on a day rate, while McSorley's lawyers say his role bore 'all the hallmarks' of an employment relationship. McSorley was paid approximately €150,000 a year plus expenses from February 2018. He was informed of termination in October 2021.

2023-12-05 · Tipperary

Malawian woman refused housing assistance loses discrimination claim

In a complaint under the Equal Status Act 2000, 64‑year‑old Elube Kapengule alleged that Tipperary County Council staff refused her emergency accommodation because of her race. She said she was laughed at, ridiculed and told to "go back to Malawi" when she sought housing on 9 December 2022. The council denied any racial discrimination, claiming she was ineligible for social housing due to less than five years of reckonable residency and that no staff laughed at her. Kapengule was directed to short‑term emergency accommodation under the Cold Weather Initiative and later to a Garda station where her immigration status was checked. She eventually left the council's office, slept outside, and sought help from the charity Doras Luimní. The Workplace Relations Commission found no evidence that her race was a factor and rejected her complaint.

2023-12-01 · Ireland

Ex-Twitter exec fails in bid to claw back holiday pay

In a case heard by the Workplace Relations Commission, former Twitter executive Robert Talbot sought €13,000 in unpaid statutory annual leave from Twitter International Unlimited Company. Talbot had agreed in May to take redundancy from his €167,000‑a‑year role in exchange for an ex‑gratia payment of €73,000. He claimed Twitter failed to pay €12,883 for unused leave accrued in 2022. Twitter's counsel, Mark Curran BL, argued the claim was a private contractual matter outside the WRC's jurisdiction, noting Talbot had waived his right to an employment rights claim by signing the ex‑gratia agreement. The adjudicator, Elizabeth Spelman, held that severance agreements must inform workers of their rights and that consent must be informed. She found Talbot had signed with informed consent and therefore the WRC had no jurisdiction to hear the claim.

2023-12-01 · Longford

WRC says it needs to hear from HSE over nurse who claims he was fired after raising care concerns

A nurse has lodged complaints with the Workplace Relations Commission alleging he was dismissed from his position after raising concerns about patient care at a residential centre in Co Westmeath. Luke Woods worked as an agency employee at the Rahugh Residence in Tyrellspass between September 2020 and April 2021, and has brought claims under the Protection of Employees (Temporary Agency Work) Act 2012 and the Unfair Dismissals Act 1977. The HSE contests the dismissal claim, arguing Mr Woods was an agency worker and therefore not subject to its dismissal procedures. At a hearing, the HSE's HR officer stated Mr Woods remained employed and had averaged 147 hours monthly since starting. Mr Woods contended he was removed from the roster without explanation following a meeting on 13 April 2021 where he had raised concerns about missing documents. Adjudicator Janet Hughes directed the HSE to provide detailed evidence regarding the complaint investigation and the circumstances surrounding the April meeting. The hearing has been adjourned pending further submissions from the Health Service Executive.

2023-11-29 · Ireland

77-year-old gets trial date for historic rape and abuse charges

A 77‑year‑old man, whose name is withheld for legal reasons, faces trial next year for historic sexual offences. He is accused of one count of rape and nine counts of indecent assault. The Central Criminal Court, hearing the case, set a trial date of 8 July 2024, expecting it to last about two weeks.

2023-11-28 · Dublin

Driver who caused death of Deliveroo motorcyclist embraces victim's family

In a Dublin Circuit Criminal Court hearing, Kim Ng Swan, 59, pleaded guilty to careless driving causing the death of Deliveroo motorcyclist Jose Eduardo Silba Pereira, 36, who was killed on Kimmage Road West on 30 December 2021. Dashcam footage showed Swan turning right into the path of Pereira's motorbike, which collided with her car and threw him from the bike, resulting in fatal injuries. The court heard that the collision occurred in wet, rainy conditions and that Pereira was travelling at about 80 km/h in a 50 km/h zone. Swan was extremely distressed, remained in her car in shock until Gardaí arrived, and offered "unqualified cooperation" with the investigation. Pereira's family, including his sister and widow, expressed no anger toward Swan and spoke of forgiveness and the pain of loss. The judge adjourned the matter for finalisation and remanded Swan on continuing bail. Outside court, Swan embraced the family members of the deceased.

2023-11-27 · Ireland

Presenter claims RTÉ sacked him after he reported sexual harassment allegations

Former 2FM presenter Chris Greene has brought complaints against RTÉ before the Workplace Relations Commission (WRC) under the Unfair Dismissals Act 1977, the Protected Disclosures Act 2014, and the Payment of Wages Act 1994. At a preliminary hearing, Mr Greene's barrister, David Byrnes BL, alleged that his client was penalised and subsequently dismissed after reporting alleged sexual harassment and workplace impropriety to 2FM chief Dan Healy. Mr Byrnes further claimed that a referral to the Department of Social Protection's Scope section constituted a second protected disclosure. RTÉ, represented by Mairead McKenna SC, disputed that Mr Greene was an employee and argued that the penalisation claim was unclear. The adjudicator, Breiffní O'Neill, noted that the connection between the alleged disclosures and penalisation was not sufficiently detailed in the written submissions. He directed the complainant to provide further written submissions by mid-December, including specific dates and names, while noting that RTÉ had been 'caught on the hop' by the novel jurisdictional argument. The adjudicator gave RTÉ until mid-January to respond and adjourned the matter. The next hearing date is to be confirmed in due course by the WRC, with up to five witnesses expected to give evidence.

2023-11-27 · Ireland

WRC refuses jurisdiction in UK firm's discrimination case over owner's former Russian citizenship

The Workplace Relations Commission rejected a discrimination complaint lodged by the UK‑registered stockbroking firm XTX Markets Technologies Ltd against the Irish investment fund Aviva Investors Liquidity Funds PLC. XTX alleged that Aviva refused to allow it to purchase shares because its owner, Dr Gerko, had previously held Russian citizenship. The WRC found that XTX, as a corporate entity, lacked the legal standing to bring a claim under the Equal Status Act 2000. The tribunal noted that XTX had no assets or property in Russia, was not a designated person under any sanctions regime, and had no connection to any sanctioned individuals. The decision reaffirmed that a private limited company cannot be regarded as having a protected characteristic under the Act, and therefore the complaint was dismissed. The ruling upheld the precedent that corporate entities are not considered victims under the Equal Status Act.

2023-11-21 · Ireland

Manager forced to quit over alleged bullying is awarded €86k

In a case involving Paradigm Plastics Ltd, trading as Future Plastics, the Workplace Relations Commission adjudicator found that ex‑engineering manager Michael Murphy was blameless and had acted reasonably when he resigned in December 2022. The tribunal heard that difficulties began after Murphy's new line manager, Padraig Shine, was appointed in 2019 and that an informal bullying complaint was first raised in January 2022. Murphy complained that Shine's behaviour, including calling him to his office and changing his role, was harassing. The company's HR representative, Paul McGlynn, and Shine held a meeting on 1 March 2022 that ended in a stand‑off after Murphy refused to sign a waiver. Murphy's formal grievance, lodged in May 2022 while he was on sick leave, was not investigated until October 2022, when an occupational health assessment found him fit to participate. The adjudicator ruled that the delay was entirely the company's fault and that Murphy's resignation was a constructive unfair dismissal.

2023-11-21 · Dublin

Religious discrimination claim over Facebook ban by man 'addicted to litigation' thrown out

The Workplace Relations Commission dismissed a claim by Mark J Savage, who alleged that Facebook's ban of his account on 21 October 2021 was religious discrimination. Savage, an evangelical Christian, had used his Facebook page to accuse employees of a north Dublin retailer of child sexual offences and to claim that a politician was a sexual offender. He argued that the ban was a violation of the Equal Status Act and that Meta had treated a hypothetical gay comparator differently. The WRC found Savage's complaints frivolous and vexatious, noting that he had previously made 42 discrimination complaints and had admitted to being "addicted to litigation." The adjudicator ruled the claim was misconceived and dismissed it without a hearing. The decision was made by Roger McGrath.

2023-11-20 · Dublin

Chef fails in racial discrimination claim against top Dublin restaurateur

Kingsley Auguste, former head chef at Dillingers in Ranelagh, lost his equality claim against restaurateur John Farrell at the Workplace Relations Commission. Auguste alleged that Farrell's management treated non‑Irish staff unfavourably and that he was denied a greeting and a premium rate for Sunday work. The tribunal found most of Auguste's statutory pay and working‑time complaints lacking evidence or too late, but ordered the restaurant to pay him €895 for a breach of the Organisation of Working Time Act 2004. Auguste also claimed a Christmas‑Eve incident in 2021 led to his resignation in February 2022, but the adjudicating officer noted that any unfavourable treatment was not linked to his Mauritian background. The decision did not find evidence of discrimination under the Employment Equality Act. The case remains at the WRC stage.

2023-11-16 · Ireland

'Concerning' that pharma giant Roche penalised whistleblower, WRC finds

Roche was ordered to pay €8,000 to a whistleblower who had made a protected disclosure to the HPRA about non‑compliant marketing literature. The Workplace Relations Commission found the penalisation of the whistleblower concerning because Roche is a major private sector organisation with significant public safety impact. The whistleblower, Dr Bruno Seigle‑Murandi, claimed he was pressured by the former Roche Ireland CEO, Pierre‑Alain Dellay, to lie to the regulator and to avoid a recall of marketing material that omitted a sentence about adverse reactions, including two fatalities. The WRC concluded that the CEO's actions did not constitute penalisation, but that the CEO's attempts to align staff on a false narrative were concerning. The whistleblower's subsequent protected disclosure to the HPRA in July 2020 was deemed a protected communication, and the WRC found that the resulting bonus cuts and performance review were acts of penalisation.

2023-11-15 · Laois

Ex-Midlands Prison governor too late to take sexist discrimination claim over alleged demotion

The former acting campus governor of the Midlands Prison complex, Ethel Gavin, has failed in a sexist discrimination complaint after claiming she was demoted at the behest of male prison officers under her command. The Workplace Relations Commission found that her claim was out of time, as she lodged proceedings under the Employment Equality Act 1998 too late. Ms Gavin alleged that she was removed from her acting-up position following a walkout by 14 male officers in May 2018, which she claimed led to her being placed in a less prestigious role. She argued that the male officers involved were not reprimanded and that she faced a continuum of discrimination. However, the tribunal rejected her claims, stating there were no acts of discrimination within the six months prior to her complaint. The adjudicator noted that the bullying complaint against Ms Gavin was not substantiated, and the Prison Service denied any misleading press statements regarding her retirement party.

2023-11-10 · Dublin

'What have I done?': Swim Ireland coach secretly filmed girls

Matthew Coward, a 32‑year‑old Swim Ireland coach, pleaded guilty to three counts of sexual exploitation of girls and multiple counts of child pornography production for offences between September 2021 and February 2022. He secretly filmed girls changing in his office, using a phone and a chair‑sectioned area to facilitate the acts. Three girls were harmed; one broke down in her father's car after learning she had been recorded while trying on "swimming skins." Coward's devices yielded nearly 80 videos, including two child abuse material clips and seven inappropriate videos, plus search histories linked to teenage pornography. He was arrested in May 2022, stood down as a coach, and later worked as a Starbucks night manager. Coward expressed remorse, wrote apologies, and the court noted his guilty plea, lack of prior convictions, and the impact on his family. The case was remanded on bail with a final hearing scheduled for November 21.

2023-11-10 · Dublin

Ex-2FM star who laundered scam cash now 'accepts' she has alcohol problem, court hears

Dublin Circuit Criminal Court adjourned the sentencing of Eimear Black O'Keeffe, known professionally as Nikki Hayes, until April 11, 2024. The defendant, 44, pleaded guilty to possessing €10,000 as proceeds of crime in a Permanent TSB account on November 5, 2020. Two further counts involving €2,600 and €2,400 on November 6, 2020, were taken into consideration. Judge Martina Baxter ordered an updated probation report and urine analysis. Defence counsel stated O'Keeffe now accepts she has an alcohol problem and is seeking support from Tiglin. He noted she intends to repay the bank's outstanding €2,000 loss when her financial situation improves. The judge expressed concern that rehabilitation efforts began only after the previous sentencing date but agreed to the adjournment. Prosecution evidence indicated €15,000 was withdrawn from an injured party's account via a scam and deposited into O'Keeffe's account. Gardaí observed a blonde woman making ATM withdrawals in Liffey Valley but could not confirm it was O'Keeffe. The remainder of the funds was returned to the victim. O'Keeffe, who has six previous minor road traffic convictions, was remanded on continuing bail.

2023-11-10 · Ireland

WRC sharply criticises Dept of Justice over protected disclosure investigation

The Workplace Relations Commission criticised the Department of Justice after the Prison Service's former HR director, Don Culliton, was re‑classified from witness to co‑accused in a work‑related investigation that also downgraded a potential protected disclosure. Culliton had made four protected disclosures in 2019 alleging the Department had failed to meet legal obligations in investigating a complaint about a prisoner transfer. The WRC found his claim that he was a whistleblower was not well founded and rejected his complaint under the Protected Disclosures Act 2014. The adjudicator noted that the Department altered the terms of reference and changed his status, actions that the WRC described as "flattening the goalposts" and potentially dangerous. The decision highlighted that the Department's handling of the matter was extraordinary and that such changes should not be common practice. The case remains pending further adjudication on other pay discrimination claims involving Culliton and colleagues.

2023-11-09 · Ireland

Elderly shopkeeper must pay €19k for sexual harassment

An elderly shopkeeper, Tom O'Sullivan, owner of Tom's Lucky Trading, was ordered by the Workplace Relations Commission to pay €19,136 in compensation for sexual harassment after a former employee, Paul Uzell, alleged that O'Sullivan repeatedly touched his bottom and testicles and made sexually suggestive comments. The tribunal found that O'Sullivan's conduct, which he claimed was "funny" and encouraged, was in fact "unwelcome" and created an offensive working environment. O'Sullivan, aged in his late 70s, denied the allegations and argued the claim was opportunistic, noting that it was not raised while he was employed. The adjudicating officer, Brian Dalton, accepted the evidence as credible, noting that the behaviour occurred frequently and crossed personal boundaries. A separate unfair dismissal claim by Uzell was rejected, with the tribunal ruling that he had resigned. The decision also highlighted aggressive exchanges between the parties during a 2021 meeting.

2023-11-08 · Dublin

Drug dealer said he would 'rather do honest work'

Boris Barcanec, 35, pleaded guilty to possessing cannabis, ecstasy tablets and amphetamines for sale or supply at his Dublin 14 home. Gardaí, acting on a confidential tip‑off, searched the house after witnessing a suspected drug transaction outside. They seized over €66,000 worth of drugs: plastic bags of cannabis valued at €62,248, amphetamines worth €2,527, and 156 MDMA tablets worth €1,560, along with drug paraphernalia. Barcanec admitted the cannabis was for sale, that he also used ecstasy, and that he had paid about €20,000 for the cannabis, which he described as poor quality. He claimed to have bought 300 MDMA tablets for around €1,000 the previous weekend. Barcanec, originally from Croatia, said he had been in Ireland for five years, was in debt, and was working as a garden landscaper earning €460 per week. He has no prior convictions. He apologized to gardaí, stating he would "rather do honest work" and expressed remorse.

2023-11-07 · Cork

Couple's action over vulture fund's 'unfair' interest rate may have implications for thousands of mortgage holders

In a High Court case that could affect many mortgage holders, Darren Hennessy and Emer Barrett have sued Pepper Finance Corporation Ireland DAC, a so‑called vulture fund that acquired their mortgage from Permanent TSB (PTSB). The couple claim Pepper is charging them an 8.5% interest rate, compared with just over 4.3% they would pay if the loans remained with PTSB. They argue that Pepper's variable rate increases are unjustified, driven solely by profit motives, and that the fund has breached EU consumer contract regulations and the 2013 Central Bank Supervision and Enforcement Act. The plaintiffs seek a declaration that the current rate is unlawful and out of proportion to any legitimate rate, orders to compel Pepper to charge the corresponding PTSB rate, and damages for alleged breaches. The case was adjourned by Mr Justice Mark Sanfey to a later date this month.

2023-11-06 · Dublin

Grandfather who shook infant grandson to death remanded in custody

In a case heard in the Dublin Circuit Criminal Court, Chang Teng Wang, 58, of Finglas, was remanded in custody ahead of sentencing for the death of his 10‑month‑old grandson, Seán Wang. Wang admitted to gardaí that he had vigorously shaken the infant in an attempt to calm him, an act that caused head and neck trauma leading to Seán's death. He pleaded guilty to unlawful killing on 15 August 2019. The Director of Public Prosecution placed the offence in the medium culpability bracket, but Wang's defence argued for a lower sentencing range, citing his full acceptance of culpability, lack of prior convictions, willingness to leave the country, and a very low risk of reoffending. Wang's plea, status as a foreign national, and cooperation with the court were presented as mitigating factors. The case remains pending sentencing next Monday.

2023-11-03 · Ireland

First group accused of anti-competition offences in school bus services get trial date

The Central Criminal Court has fixed a trial date for the first group of five defendants accused of anti-competition offences in the provision of school bus services. Mr Justice Paul McDermott, acting on an application by the Director of Public Prosecutions, set January 27, 2025, as the start date for this trial, which is estimated to last five weeks. The case will be managed by Mr Justice David Keane. The remaining eight defendants, including three companies, will also be managed by Mr Justice Keane, but no trial date has yet been assigned for this second group. The 13 accused, comprising individuals and entities such as Larry Hickey, Noel Browne, Frances Collison, Andrew Walsh, Margaret Callanan, Edward Callanan, Raymond Heney, Anthony Flynn, Elaine Glasheen, and Malachy Collison, are alleged to have entered into or authorized agreements between January 1, 2014, and December 31, 2016. These alleged agreements purported to prevent, restrict, or distort competition in trade regarding school bus services in the State. The charges are brought under sections 4(1), 6(1), 8(1), and 8(6) of the Competition Act 2002. The prosecution, acting at the behest of the Competition and Consumer Protection Commission, previously sought to split the trial into two batches due to practical difficulties, a request the court acceded to. The matter remains at the pre-trial stage, with the first group's trial scheduled for 2025.

2023-11-03 · Kildare

Date set for DJ Carey fraud trial

A trial date of 2 July 2025 has been set for former hurling star DJ Carey, who is accused of fraudulently claiming he needed money for cancer treatment and inducing people to pay him. The 52‑year‑old, from The Drive, Newtown, Maynooth, appeared briefly at Dublin Circuit Criminal Court where the judge, Orla Crowe, set the trial to last three to four weeks. Carey denies all 19 counts of dishonestly inducing payments and two additional charges of using a false instrument. He also faces a request for a variation of bail conditions to allow him to sign at a different Garda station closer to his new address. The State's counsel, Simon Matthews, did not object to the bail variation. The case is set to proceed in 2025, with no further developments reported in the article.

2023-10-31 · Dublin

Hearing-impaired restaurant patron says she was told 'obscenely loud' music was 'part of vibe'

Emily Brady, a hearing‑impaired diner, claimed that on 19 April 2023 the operator of the Dublin Mexican eatery 777 refused to lower the music volume, stating it was part of the restaurant's vibe. Brady said she and four friends were unable to speak because the music was "obscenely loud" and that the host told her the volume could not be turned down. She alleged discrimination under the Equal Status Act 2000. The restaurant's operator, JFL Ltd, denied the claim, saying it had not failed to accommodate Brady and that she had not been properly notified. The tribunal heard Brady's testimony, the restaurant's solicitor's cross‑examination, and Brady's statements that she had travelled from the UK to pursue the case. The hearing was adjourned to a remote session, with Brady allowed to introduce further witnesses on a later date. The case remains pending.