Court archive

Stage Hearing Or Decision court reports

2024-12-06 · Dublin

Eddie Rockets ordered to pay €5k to Paralympian over guide dog discrimination

In an equality hearing, Eddie Rockets was ordered to pay €5,000 to former Paralympic athlete Nadine Lattimore after a staff member directed her to a seat near the entrance when she entered with her guide dog, Pilot. Lattimore, who has represented Ireland at the 2012 Paralympic Games, claimed the placement posed safety concerns and that she was spoken over by the employee, who called her rude. The Workplace Relations Commission noted the incident was the third time Lattimore had sought redress that year for difficulties accessing businesses with a guide dog. Eddie Rockets admitted the staff mistake, trained the employee on service animals, and the adjudicator directed compensation and recommended the chain display signs welcoming guide dogs. The case highlights ongoing challenges for guide dog users in public venues.

2024-12-04 · Dublin

EirGrid tells High Court it has 'no duty' to provide reasons for energy auction refusal

In a High Court hearing, EirGrid was told it has no duty to explain why it refused Kilshane Energy Ltd, Coolpowra Flex Gen Ltd and Coolpowra Bess Ltd permission to bid in a national grid energy auction. Kilshane, which planned two 299MW candidate units at Huntstown, Dublin, argued that EirGrid's only cited reason – that a connection to a 400KV substation was not feasible in the time available – ignored the detailed schedules it had supplied. The court noted that the auction had 160 applicants and that EirGrid must balance competition with grid security under statutory duties. The respondents, represented by Niall Handy SC, maintained that the Capacity Market Code governs the process and that applicants must meet its evolving standards. The case remains pending, with the court to decide and provide reasoning later.

2024-12-04 · Cavan

Housing agency has more onerous lending criteria than those issued by Minister, lawyers tell discrimination hearing

An Indian national living in County Cavan has brought complaints of discrimination against the State's Housing Agency at the Workplace Relations Commission, alleging his applications for a local authority home loan were wrongfully rejected on grounds of his non-EU nationality. Aloke Tirawy made three applications to Mayo County Council between February and March this year, each refused by the Housing Agency. His solicitor contends the agency has imposed lending criteria stricter than those issued by the Minister for Housing, including a five-year residency requirement not contained in the original ministerial regulations. The Housing Agency cited a 2023 credit policy in rejecting the applications, which Mr Tirawy's legal team argues could only lawfully be issued by the Minister and should have been publicly available. A State barrister acknowledged the guidelines extend beyond the original regulations but maintained they derive statutory authority from Oireachtas legislation. The Workplace Relations Commission adjourned the hearing, directing further legal submissions by 20 January 2025.

2024-12-03 · Dublin

Companies challenge exclusion from imminent energy auction

Kilshane Energy Ltd is challenging a decision by Eirgrid, supported by the CRU, to exclude it from an imminent auction to supply electricity to the national grid. The High Court heard that Kilshane had planned to build two 299MW candidate units at Huntstown, North County Dublin, but was denied access to the auction because Eirgrid said the 200KV substation nominated by Kilshane would not be large enough and a 400KV substation would be required. Kilshane argued that a 400KV substation could be constructed and that the project would be feasible and operational by the October 2028 deadline. The company appealed to the Capacity Market Dispute Resolution Panel, where the decision was upheld on the basis of feasibility. Kilshane claims the refusal will have cascade effects on projects costing tens and hundreds of millions of euros. The case continues with further oral submissions expected to finish by Thursday.

2024-12-03 · Dublin

Careless driver ran through crossroads, leaving elderly woman with broken back

In a Dublin Circuit Criminal Court hearing, Victoria Quinn, 46, pleaded guilty to careless driving causing serious harm after she ran through a crossroads on the R125 in Swords on 4 June 2022, colliding with a car carrying an elderly couple. The collision fractured the 72‑year‑old woman's back and left her with bruising and pain to her wrist, elbow and chest. Quinn's car was written off, and the victim remained in hospital for five weeks, during which she contracted Covid‑19. The victim's husband, who was driving the other car, died 19 days later from pneumonia, an illness unrelated to the crash. Quinn, who had no prior convictions, was told by the court that her driving fell below the required standard and that her statement to Gardaí was inconsistent with the evidence. The case was adjourned for finalisation on 20 January next year.

2024-12-02 · Kildare

Charity behind proposed 'therapeutic farm' can challenge refusal to include €16m in funding under scheme

A charity, Kyrie Therapeutic Farm Company Ltd, has obtained leave to challenge a decision by the Minister for Justice that refused €16 million of funding for its proposed therapeutic farm under the now‑closed Immigrant Investor Programme (IIP). The High Court granted the ex‑parte application before Justice Mary Rose Gearty, allowing Kyrie to seek judicial review. Kyrie seeks an order to quash the July 2024 refusal, a declaration that the minister acted unlawfully, reconsideration of the decision and damages. The charity argues that its project, a 57‑acre farm in County Kildare, was a philanthropic donation aimed at mental‑health recovery and that it had already committed €1.6 million, including a €1.3 million purchase of the land. The IIP had rejected the application, stating it was not an appropriate project and that the funding would cover recruitment and operational costs rather than capital expenditure.

2024-12-02 · Ireland

Pregnant worker who said she was forced to sign job termination wins €136k

Raquel Vieira dos Santos Silva, a pregnant procurement consultant, began working for eTeam Workforce Ltd on 12 December 2022 under a contract that had no end date. In July 2023 she informed management of her pregnancy and that she would take maternity leave in February 2024. The company later presented her with an addendum that would terminate her contract in February 2024, threatening to withhold her pay for January and February unless she signed. Ms dos Santos Silva refused to sign after legal advice, but was forced to do so under pressure. She started maternity leave on 5 February 2024 and was dismissed on 29 February 2024. The Workplace Relations Commission awarded her €124,800 for gender and pregnancy discrimination and €11,400 for loss of earnings, totalling €136,200. The decision cites the unlawful unilateral change of her contract's end date and the threat of income loss as egregious.

2024-12-02 · Dublin

Assault rifle defendant wants to move prison after 'witnessing murder in a cell'

Eric O'Driscoll, 22, admitted to possessing a .223 calibre Remington AR‑15 rifle in a Dublin residential area and pleaded guilty earlier this year. He now requests a prison transfer after claiming he witnessed a murder in a cell. The Special Criminal Court heard his request, and the judge adjourned the hearing for logistical reasons. O'Driscoll is expected to be moved to another prison after sentencing. He is also scheduled for trial later this year, along with his brother Glen Ward, who faces related charges.

2024-11-30 · Ireland

Adoption of teenage girl can proceed despite parents objections

In a High Court decision, Tusla and a foster carer secured an adoption order for a 17‑year‑old girl in foster care, overriding her birth parents' objections. The parents denied abandoning the child, noting ongoing supervised contact and regular visits, though the father said his access had been reduced when the girl entered secondary school. The judge, Ms Nuala Jackson, clarified that 'abandonment' in law refers to relinquishing parental rights, not merely physical absence. She cited a precedent where a mother's willingness to let another couple raise her child constituted abandonment of custody. The mother questioned the necessity of adoption as the girl was approaching majority and capable of managing her affairs. The judge emphasized that the adoption order would create a new family relationship supported by the state, and that the girl's expressed fear of the adoption not occurring was a key factor in favouring the order.

2024-11-29 · Dublin

Violent criminal tried to intimidate ex-girlfriend to withdraw assault complaint

In a Dublin Circuit Criminal Court hearing, 35‑year‑old Gareth McGrath pleaded guilty to assault causing harm on two occasions (29 July and 8 August 2023) and to threatening to kill a former girlfriend and intimidating her to withdraw a Garda complaint between 14 and 23 August 2023. McGrath, who has 15 prior convictions, was present for sentencing via video link from prison. The victim, who met McGrath during residential addiction treatment, described a brief relationship that turned violent. She reported being punched, thrown to the ground, and cut on the breast with a butter knife, sustaining head injuries, a bruised ear, a hearing deficit, a forehead bump and a chest puncture. She said McGrath pressured her to retract her complaint, but she ultimately maintained her statement. The judge adjourned sentencing to early next year to allow a probation report to be prepared.

2024-11-27 · Ireland

Boy taken to Ireland without father's consent must be returned to war-torn Ukraine

In a High Court decision, a Ukrainian boy who had been taken to Ireland by his mother without his father's consent must be returned to Ukraine. Justice Mary Rose Gearty noted that the boy's fear of death was taken seriously, but found no evidence of a grave risk to him. The court observed that the mother had claimed the move was for the duration of the war, while the father maintained it was only for two months. Text messages supported the father's view, and the judge found no evidence of settlement or consent for a longer stay in Ireland. The judge directed that the boy be returned to Ukraine immediately and that the father provide undertakings regarding the child's future safety. No other legal actions or outcomes were mentioned.

2024-11-26 · Down

Security firm that made €10m profit gets interim restraining order over claimed 'malicious' winding up petition

Allpro Security Services Ireland Ltd, a security provider with about 1,000 staff and indirect support for 250 jobs, secured an interim restraining order from Mr Justice Mark Sanfey to prevent Top Security Ltd from publicising a winding‑up petition it claims is malicious. Allpro, which supplied guards at the former Central Mental Hospital in Dundrum for asylum‑seeker accommodation, had engaged Top Security in June 2023 at €21 per hour. Disputes arose over clock‑in/out records, with Allpro alleging a €5,000 discrepancy and later a €154,000 claim from Top Security. Allpro stopped payments in January 2024, paid €123,000 in March, and contends the petition would cause unjustified reputational damage and stress to employees before Christmas. The court granted the injunction and adjourned the case to Thursday.

2024-11-26 · Dublin

Academic claims DCU kept her 'in the dark' about permanent job during maternity leave

Dr Rebecca Murphy, a fixed‑term assistant professor at DCU's nursing school, claims the university breached its own jobs policy by not informing her of a permanent assistant professor vacancy while she was on maternity leave from June 2023 to March 2024. She alleges the HR department engaged in "gaslighting" by telling her she had no right to be told directly about the job, despite the policy stating staff on maternity leave should be notified where possible. The university contends that vacancies were advertised publicly and that Dr Murphy had access to her emails, so she was treated no less favourably. The head of the nursing school, Prof Victoria Lambert, admitted knowledge of the upcoming vacancy but said she would not personally inform staff, citing that it was not standard practice. The Workplace Relations Commission will issue a decision in writing.

2024-11-26 · Ireland

Women who claimed anti-American discrimination at Supermacs lose case

Rhonda Hale and her daughter Zoe Sidhu, who worked briefly at a Supermacs restaurant from 28 August to 5 September 2023, claimed they faced racist hostility and hazing because they were from America. They alleged verbal insults, physical aggression, and exclusion by supervisors, including remarks about their American accents and ethnicity. The women filed complaints under the Employment Equality Act 1998, but the Workplace Relations Commission dismissed the cases. The tribunal found the allegations unreliable and concluded no discrimination had occurred. Supermacs' lawyers argued the incidents never happened, and the company said the employees were dismissed for being unsuitable. Both women were let go after a short period, and no evidence of discrimination or harassment was reported to the company during their employment. The tribunal ruled that the complainants were not discriminated against.

2024-11-25 · Ireland

Apple gets permission to challenge data watchdog's decision to review complaint by French group

Apple Distribution International Limited has obtained leave from the High Court to challenge a decision by the Data Protection Commissioner (DPC) to investigate a complaint lodged by the French digital rights group La Quadrature du Net (LQdN). Apple argues that the DPC should have first assessed the validity or admissibility of the complaint before proceeding to a preliminary draft decision. The company seeks declarations that the DPC acted unlawfully, outside its powers, and unreasonably, breaching Apple's right to fair procedure and natural justice. Apple also requests a stay on further steps in the inquiry, which was granted by Justice Mary Rose Gearty. The complaint, filed on 28 May 2018, alleges that Apple processes personal data in a way that infringes the GDPR, a claim Apple denies. Apple contends that the DPC's inquiry was based on a flawed sample subject and that the DPC failed to provide reasons for refusing a standalone decision on validity before continuing the investigation.

2024-11-25 · Ireland

Staff left short after 'trading difficulties' at engineering firm win orders for unpaid wages

Three former Randridge International Ltd employees – Margaret Boylan, Michelle Boyle and Caroline Nugent – secured pay orders from the Workplace Relations Commission for unpaid wages and severance. Boylan received €9,717.23, Boyle was awarded €103 after deductions, and Nugent €4,500. The orders cover back pay and other entitlements ranging from €4,500 to €9,000. The workers withdrew claims for statutory redundancy lump sums after the company said it had referred them to the national redundancy fund. Randridge, represented by Roberta Urbon, cited cash‑flow and financial difficulties as the reason for the unpaid amounts. The WRC decisions were published on 25 November 2024, and the company's position was that it could not pay the workers what they were owed due to trading difficulties. The cases illustrate the workers' successful pursuit of unpaid wages under the Payment of Wages Act 1991.

2024-11-21 · Dublin

Truck driver fired for letting concrete go hard in lorry awarded €2k

Brian O'Neill, a truck driver for Total Highway Maintenance Ltd, was dismissed after he left a load of concrete in a lorry overnight, causing it to harden and become unusable. O'Neill had been instructed to bring the concrete to Tallaght, but the customer only needed a third of the load. He returned to the Kilkenny depot with the excess concrete, claiming he was exhausted after 15 hours and intended to clean the lorry the next day. The company's manager, Mr L, terminated his employment the following evening, citing the incident as the final straw. O'Neill had previously received two formal warnings for speeding and safety concerns. A Workplace Relations Commission adjudicator found the dismissal procedurally lacking but concluded O'Neill should have known it could lead to dismissal. The tribunal awarded him €2,000 in compensation for unfair dismissal.

2024-11-20 · Galway

Fired Galway Bay radio show host loses unfair dismissal claim

Neil Molloy, former host of Galway Bay FM's breakfast show, lost his unfair dismissal claim at the Workplace Relations Commission. Molloy alleged unfair dismissal and breach of minimum notice and terms of employment. The station, represented by Ibec official Declan Thomas, submitted that Molloy subjected CEO Cormac O'Halloran and programme director John Divilly to a "verbal assault" on 1 June 2023. Thomas stated Molloy admitted his behaviour was inappropriate on 8 June but again raised his voice and insulted O'Halloran. Siptu official Marie O'Connor contended the dismissal was a "witch hunt" and disputed any threatening conduct. The tribunal heard Molloy was suspended in June and dismissed in September following a disciplinary hearing. Company chairman Peter Allen stated there was a "breach of trust" and that Molloy's anger during the apology indicated it was not a once-off incident. Adjudicator Janet Hughes found the initial incident might not have justified dismissal but ruled the second incident undermined Molloy's apology. She concluded the decision to dismiss was not unfair, though the finding of gross misconduct was excessive. The tribunal dismissed both statutory claims as not well founded. The matter is now being appealed to the Labour Court.

2024-11-20 · Dublin

NCAD head to say mother of art student with down syndrome told her she would 'bury her'

In a Workplace Relations Commission hearing, the head of the National College of Art and Design (NCAD) was called to give evidence about a dispute involving Ellie Dunne, a 25‑year‑old art student with Down Syndrome. Ms Dunne's mother, journalist Katy McGuinness, testified that the college had failed to provide reasonable accommodation during her daughter's first semester and that the college required her to re‑sit a failed module. Ms Dunne said she relied on her home support worker, Natalie Scherwatt, rather than an NCAD‑assigned support worker, and that she felt "scared" during a field trip to Meath Street. She also described the college's support staff and tutors as "nice" but identified director Sarah Glennie as "rude" to her mother. McGuinness claimed the college's relationship with the family broke down after a document allegedly bearing a forged signature was presented.

2024-11-15 · Dublin

Garda driver facing poverty over forced retirement wins right to go back to work

Tom Ronan, a civilian driver for An Garda Siochána, was forced into retirement at 70, leaving him with a weekly income of less than €400 from a small occupational pension and state entitlements. He brought an age‑discrimination complaint under the Employment Equality Act 1998 to the Workplace Relations Commission (WRC). The tribunal found that the mandatory retirement age was not reasonable or proportionate because it would cause Ronan financial hardship, as his total annual pension income of €20,600 would be insufficient. The WRC ordered An Garda Siochána to re‑engage Ronan as a driver within four weeks and to extend his employment for three years, with the new service counted in his pension calculations. The decision was based on the tribunal's assessment that Ronan's pension was relatively low and that his chances of finding alternative work at age 70 were significantly less than those of younger candidates.

2024-11-14 · Dublin

Hospital chaplain wins claim for double time on Sundays

Reverend Liam Cuffe, chaplain at St Vincent's University Hospital since 1999, won a claim for unpaid Sunday premium pay. The Workplace Relations Commission found the hospital breached the Organisation of Working Time Act 1997 by failing to pay a Sunday premium, despite the chaplain's contract requiring weekend work. Cuffe's trade union argued that the contract was silent on Sunday premium, and that HSE guidance entitled employees working a 5‑over‑7 roster to receive single‑time extra for Sunday hours. The hospital claimed it had paid the premium from 6 November 2023 in good faith, but the adjudicator ruled that the hospital had no pre‑existing contractual entitlement and that the email confirming double‑time from that date was unequivocal. The tribunal ordered the hospital to pay Cuffe €2,627 for the breach, covering his economic loss up to 6 November 2023. The decision highlighted the employer's duty to ensure statutory and contractual entitlements are met.

2024-11-13 · Dublin

Dubliner used friend's identity to steal over €100k in social welfare benefits

A Dubliner, Noel Ward, 59, used the PPS number of a friend who had moved to Thailand to fraudulently claim €109,235 in social welfare benefits over a decade. Ward, who was homeless when the scheme began, claimed benefits such as Jobseekers' Benefit, Disability Benefit, Jobseekers' Allowance, Basic Supplementary Welfare Allowance and Rent Allowance, and transferred about €64,000 into his friend Patrick Rooney's AIB account. He pleaded guilty to two counts of using a false instrument, including a false driving licence, and six counts of theft from the State between May 2008 and August 2019. Ward has been repaying the State since 2017, including a €20,000 lump sum, and is expected to clear the remaining €15,000 debt within four years. The case was heard in the Dublin Circuit Criminal Court, with the hearing adjourned for finalisation on November 20.

2024-11-12 · Cork

Autistic cinema manager secures €12k for disability discrimination

An autistic cinema manager, Dylan O'Riordan, resigned after Omniplex Cork Ltd failed to give him two consecutive days off, a requirement identified in an occupational health assessment. He had reported severe mental‑health difficulties and requested consistent scheduling and rest periods. The Workplace Relations Commission found the employer discriminated under the Employment Equality Act 1998 by not providing reasonable accommodation, despite arranging suitable shifts for students and pregnant workers. The tribunal noted the manager's alleged remark that autism was a "superpower," which the manager denied. O'Riordan's statutory complaint, filed in April, led to a tribunal decision in January 2024. The commission ordered Omniplex to pay €12,000 in compensation and to conduct awareness training for staff with neurological conditions. The award was made after the employer's failure to address O'Riordan's accommodation needs.

2024-11-08 · Ireland

HSE worker who said she was 'never given a proper break' in 26 years wins €11k

Jackie Deevy, a care worker employed for 26 years at a residential home, won a compensation award of €11,023 after the HSE was found to have breached the Organisation of Working Time Act 1997. Deevy had complained to the Workplace Relations Commission that she was never given a proper break, often only able to grab tea and a sandwich near a service user. The HSE had not kept working‑time records and claimed an exemption for healthcare workers, but the tribunal found the exemption did not apply because the HSE failed to record or provide adequate breaks. The tribunal awarded Deevy 10 weeks' pay and ordered the HSE to comply with the legislation and maintain a record of breaks. The case was heard by adjudicator Conor Stokes, who noted that breaks taken with residents did not constitute rest. The HSE's residential care location was not named to protect patient confidentiality.

2024-11-07 · Ireland

Freelance editor claimed she was left €238k worse off than staff employees

An editor who worked as an independent contractor for 11 years claimed she was left €238,000 worse off than permanently‑employed colleagues. The Workplace Relations Commission, hearing a dispute under the Industrial Relations Act 1969, decided the editor should be given more time to consider a retrospective benefits deal tabled by her employer. The tribunal noted that the employer had already offered a retrospection deal for about 100 workers, and that extending the offer could expose the employer to further claims. The editor had been offered a part‑time contract in 2019, increased in 2021, and a variable ex‑gratia lump sum of €10,500, but she declined the deal and brought a complaint in November 2022. The adjudicator recommended extending the payment of the lump sum for an additional 12 weeks. The decision allows the editor to review the retrospective benefits offer before a final determination is made.

2024-11-07 · Dublin

Ogle to appeal rejection of discrimination claim

Trade unionist Brendan Ogle has filed a notice of appeal to the Labour Court following the Workplace Relations Commission's (WRC) rejection of his discrimination claim against Unite. Ogle alleged he was discriminated against as a cancer survivor and sidelined after returning to work in summer 2022. He claimed that Tom Fitzgerald, a senior official in Unite's Dublin office, directed him to write himself out of the union's strategic plan for Ireland. The WRC adjudicator, Elizabeth Spelman, dismissed these complaints under the Employment Equality Act 1998, finding Ogle's account of the meeting with Fitzgerald not plausible. She determined that Unite's shift from political to industrial matters was applied across the union and unconnected to Ogle's disability. The adjudicator also rejected the claim that Fitzgerald had assumed Ogle's political duties, noting that removed tasks were minor. Ogle's legal team argued his senior role was decimated, while Unite maintained the claims were artificial and that witness evidence held sway. The WRC decision was described by Unite as clear and unambiguous. Ogle stated the decision was not consistent with the evidence and not good law. The matter is now adjourned to the Labour Court for a de novo hearing, where the entire case will be heard afresh. Ogle also has separate defamation proceedings against former chairman Tony Woodhouse.

2024-11-06 · Cork

Prison officer who went AWOL to fight in Ukraine brings unfair dismissal case

Brian Meagher, a prison officer, was dismissed by the Irish Prison Service after he absented himself without permission to fight in the Ukrainian Foreign Legion. He was wounded in an ambush on 5 September 2022 and later gave a TV interview from his hospital bed. The Prison Service's HR directorate received rumours that he had gone to war and, after failing to contact him, considered his absence as AWOL. The absence management office sent a letter on 21 September 2022 stating his absence was unauthorised and recommended dismissal. The case was referred to the director‑general and the Department of Justice, which ultimately dismissed him in February 2023. Meagher has lodged an unfair dismissal claim under the Unfair Dismissals Act 1977, and the Workplace Relations Commission has adjourned the hearing to a future date.

2024-11-06 · Dublin

UK delivery driver had €1m in cannabis in back of van

In a Dublin Circuit Criminal Court hearing, Daljeet Singh, a 52‑year‑old British delivery driver from Oldbury, West Midlands, pleaded guilty to possessing cannabis herb for sale or supply at Dublin Port on 3 April 2021. Customs officers stopped his van after a routine search following a ferry from Holyhead. They found 50 brown cardboard boxes containing 55 kg of cannabis, valued at roughly €1 million, hidden in the back of the van. Singh had claimed he was transporting food and bottled water to Cork and had not inspected the van. During a series of seven Garda interviews, he eventually admitted knowing he was carrying cannabis, though he insisted he believed it was only one bag. He said he was to be paid £1,000 sterling to clear an overdraft and that he had been pressured by third parties. Singh has no prior convictions and lives with his elderly parents in the UK.

2024-11-04 · Ireland

Mum of vulnerable, violent teen gets permission to bring legal challenge against HSE & Tusla

The High Court has granted a mother of a 17‑year‑old vulnerable teenager permission to bring a legal challenge against the Child and Family Agency (Tusla) and the HSE. The boy, who cannot be named for legal reasons, has OCD, ADHD and procedural psychosis and has been under an interim care order since 2023. He has been the subject of multiple minor wardship orders and has displayed violent behaviour at home, including breaking windows, punching a brother, threatening family members with a knife and defecating in the garden. Gardaí were called on several occasions and the boy was admitted to hospital for three weeks before absconding and returning to threaten his mother with a knife. After a psychiatric assessment describing an acute exacerbation of OCD, he was discharged on a phased basis. The mother alleges that Tusla and the HSE have breached statutory duties and failed to provide an appropriate placement under the European Convention of Human Rights.

2024-11-01 · Ireland

Chemical waste worker wins €28k for unfair dismissal

A Workplace Relations Commission adjudicator awarded a former chemical waste worker €28,341.86 for unfair dismissal, finding that a formal bullying complaint was the clear motive for his termination. The worker, who served as a waste operations lead, was dismissed on 10 February 2023 after raising concerns about workplace conduct. While the worker alleged he was penalised for making 25 protected safety disclosures regarding the mishandling of hazardous chemicals, the adjudicator, Úna Glazier-Farmer, rejected these claims, ruling that the worker failed to meet the burden of proof for most incidents and did not use the company's mandated reporting system. The employer did not dispute breaches of the Unfair Dismissals Act 1977, the Minimum Notice and Terms of Employment Act 1973, or the Payment of Wages Act 1991, but denied penalisation under the Safety, Health and Welfare at Work Act 2005. The tribunal accepted that the worker's January 2023 email alleging bullying constituted a protected act. Consequently, the adjudicator awarded €23,642.17 for loss of earnings under the Unfair Dismissals Act, €3,747.05 for non-payment of notice, and €952.64 for unpaid wages. No separate award was made for penalisation under safety legislation, as the adjudicator lacked jurisdiction to compensate twice for the same dismissal. The decision was anonymised due to commercially sensitive allegations.

2024-10-31 · Dublin

'Ordinary hard-working man' moved €3.9m in cannabis out of financial desperation, court hears

A 43-year-old Dublin man has pleaded guilty to possessing approximately €3.9 million worth of cannabis for sale or supply at Dublin Circuit Criminal Court. Justin McCormack, originally from Boyle, Co Roscommon, was arrested on October 11th last year after gardaí stopped a white transit van and discovered a large quantity of drugs wrapped in plastic bags. A further 1,174 kg of cannabis was subsequently recovered from a business unit on Esmond Avenue in Fairview. Defence counsel described McCormack, a cabinet maker of over twenty years, as an "ordinary, hard-working man" who transported the drugs due to financial desperation and impaired judgement arising from substance misuse. The court heard McCormack had accumulated significant legitimate business and personal debts at the time of his arrest. Judge Orla Crowe adjourned the case until November 14th to allow time for consideration of extensive documentation, including psychological and prison governor reports. McCormack has remained in custody since his arrest.

2024-10-31 · Waterford

Aspiring monk who accused monastery of 'anti-Traveller prejudice' loses claim

The Workplace Relations Commission (WRC) ruled that it had no jurisdiction to consider John Malone's complaint under the Equal Status Act 2000 that he was denied entry to Silverstream Priory because he mentioned his father was a Traveller. Malone, aged 53, claimed he had been invited to stay at the monastery's guest house in July 2022 and offered a place, but that the prior's attitude changed after he disclosed his Traveller heritage. An internal email from the prior expressed doubts about Malone, and the master of novices later stated that Malone's conduct at a retreat made it "not advisable" for him to join, citing his age and lack of engagement. The WRC found the complaint "not well founded" and dismissed it, noting it had no authority to adjudicate the matter. The case remains unresolved.

2024-10-31 · Cavan

Pregnant bar worker faced with unproven sexual misconduct allegation against male colleague after dismissal wins €18k discrimination claim

A pregnant bar supervisor in Cavan has been awarded €18,000 by the Workplace Relations Commission after successfully claiming discrimination following her dismissal. The worker was let go by Brandon Taverns Ltd, operator of the Imperial nightclub in Cavan Town, in November 2023, just five days after informing her line manager of her pregnancy. The company later cited unproven allegations of sexual misconduct by a male colleague as justification for the termination, allegations that had never been raised during the worker's employment. The WRC adjudicator found the allegations constituted an attempt to retrospectively justify the dismissal and determined the worker had been discriminated against on grounds of pregnancy in breach of the Employment Equality Act 1998. The adjudicator also found the employer had breached statutory obligations regarding provision of written employment terms. Brandon Taverns Ltd was ordered to pay €17,500 compensation for the equality breach and a further €500 for the statutory breach.

2024-10-30 · Ireland

Hotel accused of concocting website glitch to 'legitimise' Traveller discrimination must pay €5k

In a tribunal decision dated 30 October 2024, the Mulroy Woods Hotel was found to have breached the Equal Status Act 2000 by discriminating against Martin McDonagh, a member of the Traveller Community, on the basis of his surname. McDonagh had booked a stay for himself and his family on 20 August 2023 through Booking.com under his own name. The hotel informed him at 12.40 pm on 19 August that it had no availability and cancelled the booking, citing a "glitch" on the Booking.com site. McDonagh then re‑booked the same night under the surname of a relative, Fitzgerald, and the reservation was accepted. He later made two further bookings for other family members, all of which were confirmed without issue. McDonagh claimed he was denied accommodation because of his Traveller identity and that the hotel used the alleged website glitch to justify its refusal.

2024-10-29 · Dublin

Lecturer sacked for logging into work email from Iran wins €53k

In a case heard by the Workplace Relations Commission, Amir Sajad Esmaeily, a lecturer at Dublin Business School, was awarded €53,000 after the college admitted that dismissing him for logging into his college email from Iran was unfair. The college had argued that Esmaeily's access from a "prohibited" country constituted a serious breach of policy, leading to his dismissal on 3 February 2023. Esmaeily's solicitor noted that he had travelled to Iran to attend his uncle's funeral and that his wife was seriously ill at the time, factors that the tribunal considered. The college's lawyers conceded the dismissal was unfair, and the tribunal focused solely on compensation. Esmaeily's annual salary was €50,000, with additional duties bringing his earnings to €91,000. The tribunal awarded €53,000 as just and equitable compensation for the unfair dismissal.

2024-10-25 · Dublin

Nanny taken off payroll during directors 'acrimonious divorce' wins claim

A Russian nanny who had been employed by a company to care for the children of two directors during their acrimonious divorce was removed from the company's payroll in June 2022. She continued to work and received her net wages from a separate company account, a fact the children's mother confirmed. The nanny, who had been in Ireland since 2010 and had a work visa, argued that the payroll change was solely due to the divorce proceedings and that she remained an employee. The adjudicator found the company breached the Terms of Employment (Information) Act 1994 by failing to provide written statements of employment terms. He awarded the nanny €1,800 in compensation, ordered the company to supply the required statements within a week, and noted that the nanny was lawfully in Ireland and still employed by the firm.

2024-10-24 · Ireland

Newspaper which offered receptionist baseball bat to deal with trespasser must pay €45k

The Workplace Relations Commission ruled that the Killarney Advertiser must pay €45,000 to former receptionist Laura O'Regan after she was dismissed in September 2019 for making a protected health‑and‑safety complaint. O'Regan had reported that a drunken homeless man, Mr J, repeatedly entered the office, stared at her, and became verbally abusive, threatening her safety. She had requested that a gate be installed at the front desk; the managing director, Cormac Casey, dismissed the idea and allegedly offered her a baseball bat as a "metaphor" for protection. The tribunal found Casey's comment was not a metaphor and that O'Regan's dismissal was directly linked to her safety report, constituting a protected disclosure under the Unfair Dismissals Act 1977. The award equated to nearly 98 weeks of gross wages for O'Regan.

2024-10-23 · Kerry

Company's request that Kerry-based worker travel to Dublin once a month 'reasonable', WRC rules

In a decision published on 23 October 2024, the Workplace Relations Commission (WRC) ruled that it was reasonable for Centric Mental Health to require its Kerry‑based employee, Rafael Jorge, to travel to the Dundrum office in Dublin once a month. Jorge had accepted a fully remote contract in August 2022 after turning down a job offer. In January 2024, Centric's HR officer notified him that, due to changing business needs, he was required to attend the Dundrum office a minimum of two days per week. Jorge objected, citing his remote status and residence in Tralee, and raised a grievance. The HR director subsequently reduced the requirement to one day per month. Jorge sought a pay rise, lunch allowance and travel expenses; the company offered the latter two.

2024-10-21 · Dublin

'Sad' case of man who held €30k in prescription drugs after home targeted by 'juvenile delinquents'

Robert Hanratty, 48, pleaded guilty in Dublin Circuit Criminal Court to possession of 15,680 zopiclone tablets, valued at €32,200, found in his home and a location in Ballymun. He claimed he held the drugs to deter attacks by "juvenile delinquents" who had targeted his residence, and that he would receive a small payment. Hanratty has four prior minor convictions unrelated to drugs and does not use drugs, though he struggles with alcohol. Defence counsel Padraig Dwyer presented a psychological report detailing Hanratty's mental health issues, low mood, and heavy alcohol consumption, describing him as a "hapless" and "sad" man. The judge, Orla Crowe, deemed the case unusual and adjourned sentencing to 8 November to consider the circumstances.

2024-10-18 · Cork

Teen tells court that rapist cousin 'ruined her life before it started'

A 16‑year‑old girl told the Central Criminal Court that her 25‑year‑old cousin repeatedly raped her from age seven to ten, saying the abuse "ruined her life before it had started". She described the cousin's early exposure to pornography at 11, which she said gave him a "warped view of sexuality". The girl's victim impact evidence detailed nightmares, anger, pain and a sense that her body was no longer her own. She recalled the first assault in the cousin's bedroom when she was about six and he was 14, and estimated the sexual assaults occurred up to three times a week, roughly 50 times in total. The cousin pleaded guilty to three counts of oral rape, two of anal rape and five counts of sexual assault in County Cork. He has no prior convictions, is diagnosed with Asperger's, and is completing an apprenticeship. The case was adjourned for finalisation on 29 October.

2024-10-18 · Wexford

Care home worker 'excessively sensitive' about being asked to check Mass times, tribunal concludes

A Workplace Relations Commission adjudicator has rejected a religious discrimination claim brought by Judyta Zielinska against the Health Service Executive under the Employment Equality Act 1998. Ms Zielinska, a Jehovah's Witness care assistant at the Wexford Residential Intellectual Disabilities Service, alleged she suffered severe stress and chest pain after a nurse manager commented that it was "strange" she did not want to take residents to Mass. The HSE argued that Ms Zielinska was not requested to engage in the religious service but was asked to support residents in attending it, noting that staffing changes necessitated her presence. Adjudicator Pat Brady concluded that the central action was a "simple, oral request" to check Mass times, which did not constitute adverse treatment. He found that Ms Zielinska had an "excessively sensitive reaction" to a religious service of which she disapproves. The adjudicator noted that while Ms Zielinska claimed distress, this was not sufficient to ground a case, particularly as she was ultimately not required to attend Mass. The decision rejects the complaint, distinguishing it from cases involving clear acts of detriment such as dismissal.

2024-10-15 · Dublin

Recruiter claims he was sacked after complaining about senior colleague pulling wife's hair

Sean Coffey, a recruiter at Azon Point Partners Ltd, claims he was dismissed in June 2024 after reporting that a senior colleague, Mr J, had drunkenly pulled his wife's hair at a leaving party. Coffey says the dismissal breached the Protected Disclosures Act 2014 and the Unfair Dismissals Act 1977. The firm denies the allegations, stating the incident was a "non‑work event" and that Coffey was terminated for "lack of performance", having failed to meet a €100,000 fee target. The company's barrister explained that Coffey had only generated €23,000 in fees and that his performance plan was accelerated before his dismissal. Mr J is no longer employed by Azon, having left after failing to meet recruitment targets. The Workplace Relations Commission will hear the case in 2025.

2024-10-14 · Kildare

38-year-old pleads guilty to Kildare manslaughter

A 38‑year‑old man from Peachville, Kilshane, Dublin 11 pleaded guilty to the manslaughter of Marcel Kusenda, a 47‑year‑old Slovakian, who was unlawfully killed in Newbridge, Co Kildare on about 8 March 2023. The plea was accepted by the Director of Public Prosecutions. The case was adjourned to 9 December, with a governor's report from Midlands Prison ordered, and the victim's son in Slovakia is to give a statement before sentencing.

2024-10-14 · Kerry

Man admits to killing father and daughter (5)

Philip Griffin, 37, pleaded guilty to manslaughter for the deaths of Anthony, 30, and his five‑year‑old daughter Nadine O'Brien in a house fire at Killeen Heights, Tralee, on 12 May 2012. The case was heard in the Central Criminal Court via video‑link from prison. Griffin denied murder but admitted manslaughter on both charges. The Director of Public Prosecutions accepted the pleas; a third charge for arson was dropped. A sentencing hearing is scheduled for 16 December, with a probation report and victim impact statements requested by the judge.

2024-10-11 · Dublin

Knife-wielding robber targeted escorts

In a Dublin Circuit Criminal Court hearing, Liam McGrane, aged 59, pleaded guilty to two robbery offences committed at separate hotels in December 2018 and August 2019. McGrane, who had prior convictions for traffic offences and similar robberies, used a knife to threaten escort workers who had booked meetings through Escorts.ie. In the first incident, he stole €1,500 and attempted to extort more from a neighbouring room. In the second, he took €1,800 and fled in a blue car, which was traced to his residence. Gardaí obtained CCTV evidence and recovered the stolen sums. McGrane admitted the robberies, expressed remorse, and offered apologies to the victims. The judge acknowledged the seriousness of the knife crimes, noted McGrane's counselling, and adjourned sentencing to January 2025, ordering a probation report.

2024-10-11 · Dublin

Ex-Iceland employee laid off while seven months pregnant wins €51k

Rachel Smyth, a former junior buyer at Iceland, was laid off while seven months pregnant after the supermarket group was sold to Project Point Technologies. The layoff occurred without notice and the company failed to provide her with maternity benefit forms for over three months, preventing her from claiming statutory maternity benefit. Smyth's union representative argued that the company's actions constituted gender discrimination under the Employment Equality Act 1998. The Workplace Relations Commission tribunal found Metron Stores Ltd, trading as Iceland, in breach of the Act and awarded Smyth €51,000 in compensation. The award was intended as a deterrent. Smyth's case highlighted the stress and financial loss she suffered, including a €42 weekly shortfall and a gross earnings loss of €21,589 between March and June 2024. The tribunal upheld her complaint and noted the company's failure to inform her of her status or provide necessary documentation.

2024-10-11 · Dublin

Level of violence at Coolock protest site 'has not reoccured', High Court told

The High Court extended an injunction that bars four named individuals and unknown persons from entering or interfering with the former Crown Paints factory in Coolock, which is slated to become an asylum‑seeker facility. The injunction, originally issued in July amid violent protests, prohibits trespassing, threatening or intimidating behaviour toward employees or contractors of Townbe Unlimited Company and Remcoll Capital Ltd. It applies to anyone attending the site for violent or intimidating protests against housing foreign nationals. Two defendants, Kevin Coyle and Leon Bradley, were local election candidates who allegedly posted videos of themselves on the property and claimed to have thrown rocks. Sean Rush is accused of creating a social‑media page inciting riots. A fourth unnamed defendant was served via social media. The court noted that the violence seen in summer has not re‑occurred, but the protest remains unresolved.

2024-10-10 · Dublin

Dad-of-four who stabbed sister's partner claimed victim had fallen from tree onto stick

Kris Coyne, 36, pleaded guilty to assault causing harm after stabbing Arkadieuz Ujma in the stomach on 19 December 2020. Coyne told paramedics that Ujma had fallen from a tree onto a stick, a claim the court found dubious. The incident occurred after a family gathering where alcohol was consumed by all parties. Ujma, who was lying in the sitting room holding a towel to his abdomen, was stabbed with a medium‑sized knife, and Coyne also cut his ear and attempted to cut his face. Ujma suffered a serious abdominal wound requiring surgery and has since endured further health and mental‑health issues. Coyne, a father of four and delivery driver, denied intent to kill and claimed the story was fabricated. The case was adjourned to 16 December for finalisation and additional medical reports.

2024-10-10 · Dublin

Parnells facing mounting bills for severance after leaving staff in 'limbo'

Parnells GAA Club Ltd, once considered Ireland's richest club, now faces a growing bill for severance payments after leaving staff in "employment limbo" during the Covid‑19 shutdown. Two new orders under the Redundancy Payments Act 1967 have added to the list of former employees entitled to a lump sum, bringing the total to 11. The affected workers include bar and restaurant staff, security personnel, a payroll administrator and a receptionist. In recent WRC decisions, restaurant manager Louise Hannon and bar manager Owen Fanning were granted extensions to file redundancy claims, but were found too late to recover unpaid wages and holiday pay under the Payment of Wages Act and the Organisation of Working Time Act. They are entitled to statutory redundancy lump sums, calculated by the Department of Social Protection based on pay, length of service and social insurance records. The aggregate lump sums are expected to reach tens of thousands of euros.

2024-10-10 · Donegal

Date set for Adams defamation action against BBC

The High Court has set a hearing date for former Sinn Féin leader Gerry Adams' defamation action against the BBC. Mr. Adams claims the broadcaster falsely alleged he sanctioned the 2006 killing of Denis Donaldson in Glenties, Co Donegal. The case centres on a 2016 BBC Spotlight programme and a related webpage article. The BBC denies defamation, asserting the content was published in good faith and constituted responsible journalism on a subject of public interest. At the hearing, Mr. Justice Alex Owens fixed April 29, 2025, for the trial at the Four Courts, which is expected to last up to three weeks. Counsel for the BBC noted that several witnesses, including some from overseas, would be involved. The matter was adjourned to this date following delays caused by preliminary issue hearings and document discovery. Previously, in July 2020, Mr. Justice Charles Meenan directed the BBC to provide discovery of documents, while refusing Mr. Adams' application for further particulars of the BBC's defence. Additionally, in March 2022, the High Court dismissed Mr. Adams' bid to strike out parts of the BBC's defence. The court has now scheduled the substantive hearing for next spring.