Court archive

Stage Hearing Or Decision court reports

2024-05-20 · Dublin

Whistleblower claims before WRC more than triple

The Workplace Relations Commission (WRC) reported a 201% rise in whistleblower complaints under the Protected Disclosures Act, with 301 cases filed last year compared to 96 in 2022, marking the first time statutory complaints exceeded 100. Amendments effective January 2023 now require private sector organisations with 250 or more staff to establish formal reporting channels, and extend protection to volunteers, trainees, shareholders, board members and job applicants. The law shifts the burden of proof to respondents, who must disprove a link between penalisation and a protected disclosure. The WRC's annual report noted 4,727 inspections, 2,221 breaches, and €1,950,601 in unpaid wages recovered, including €565,409 from food‑service businesses. The WRC's director‑general highlighted the year as the first full year of normal services since 2019 and praised staff for high standards of delivery. The report also highlighted emerging trends that will shape future workplans.

2024-05-20 · Galway

Ex-president of auctioneers' body resolves whistleblower claim

The former president of the Institute of Professional Auctioneers and Valuers (IPAV), Gerry Coffey, has settled a whistleblower protection claim against the organisation. The dispute, which was being heard under the Protected Disclosures Act 2014 at the Workplace Relations Commission, was resolved after hours of talks. A statement released by the parties says that IPAV and Mr Coffey have settled all issues and wish to move past the recent conflict. The hearing, which was reopened at 12.30pm, was declared unnecessary by adjudicator Jim Dolan, who congratulated the parties and noted that "common sense may have prevailed." Both sides confirmed the settlement, and Mr Dolan will keep the file open for three weeks before treating the complaint as withdrawn if no further correspondence is received. The case had previously been scheduled for three full days of hearing, which have now been vacated.

2024-05-17 · Ireland

Tow truck worker went off with car while child remained inside

A retired tow‑truck worker, who had been issued a final written warning in July 2023 after towing a vehicle that later revealed a child in the back seat, sought compensation for the stress of the disciplinary process. His representative argued that he was unfairly singled out, citing a handful of similar incidents that had attracted public outcry. The Workplace Relations Commission (WRC) had recommended that the warning be removed from the worker's file and that both parties move on, noting that the warning had expired in April 2024 and the worker had retired in February. The WRC also advised that the disciplinary records be deleted from the file. The employer maintained that the incident was serious and could have been avoided if proper procedures had been followed, and that new safeguards had since been introduced. The WRC concluded the dispute was moot and urged both sides to move forward.

2024-05-16 · Laois

High Court declares couple are owners of disputed garage

The High Court declared that Alan O'Neill and June Finnegan are the legal owners of a disputed garage in Portarlington, Co Laois. Mr Justice David Nolan made the declaration on Thursday with the consent of the parties, including Drumgoan Developments Limited, Noel Martin Senior, and Darren Martin. The declaration confirmed that the plaintiffs were not registered as owners due to a mistake and that Drumgoan did not own the property. The couple alleged that the defendants engaged in a 'land grab,' made payment demands, and damaged the garage. They also claimed Mr Martin Senior sent threatening communications and breached a previous injunction restraining him from contacting them. Mr Martin Senior was made the subject of contempt proceedings for alleged breaches of that order. He subsequently apologized to the court and agreed not to contact the plaintiffs. Counsel for the defendants confirmed consent to the declaration and stated there had been no further breach of the injunction. Mr Justice Nolan praised the legal teams for resolving this aspect of the case but noted that Mr Martin Senior was 'not out of the woods yet.' The judge adjourned the contempt proceedings against Mr Martin Senior to a date in June, stating he will rule on whether contempt occurred and any appropriate sanction when the matter returns. Other aspects of the action, including the couple's claims for damages, remain live before the court.

2024-05-16 · Ireland

Takeaway worker who quit after chef slapped her across breasts wins nearly €17k

A takeaway worker who had endured sexual harassment for a year and a half, citing financial pressure, finally quit after a chef slapped her across the breasts on 5 August 2023. She had previously reported the chef's inappropriate behaviour, including sweeping his hand across her breasts and calling her "Big Diddy Mama." The owner, who was present and laughed, admitted no camera evidence of the incident. The Workplace Relations Commission found the worker suffered breaches of employment rights, sexual harassment, and constructive dismissal. The adjudicator awarded €8,000 for sexual harassment, €2,750 for constructive dismissal, and an additional €6,122.75 for unpaid statutory entitlements and other rights breaches, totaling €16,872.75 in compensation. The case highlighted the employer's failure to prevent harassment and maintain proper payroll records.

2024-05-15 · Dublin

'Every move I made was sexualised': €19k for teen who suffered months of harassment at Dominos

In a Dublin suburb, 18‑year‑old Jasmine Olaru, then a secondary school student, worked at a Dominos Pizza shop in February 2022. She alleged repeated sexual harassment by colleagues, including propositions for sex, being told to "do OnlyFans", and receiving a badge with her name and a picture of breasts. She also claimed a deputy manager threatened to "spank" her with a pizza‑scooping shovel, asked if he could watch her change, and that she was denied breaks under the Organisation of Working Time Act. Olaru reported the incidents to the Workplace Relations Commission. The tribunal found Remo Foods Ltd had breached the Employment Equality Act and the Working Time Act, awarding her €13,000 for sexual harassment, €3,000 for victimisation, and €3,000 for lack of breaks, totalling €19,000. The company was also ordered to review its anti‑harassment policies. The case was decided in September 2024.

2024-05-14 · Louth

Trainer Tony Martin in High Court bid for stay on suspension

In a High Court judicial review, trainer Tony Martin seeks to overturn a three‑month suspension imposed by the Irish Horse Racing Regulatory Board (IHRB) for breaching anti‑doping rules. The suspension, set to take effect tomorrow, follows an Appeals Panel decision that reduced his original six‑month licence suspension to three months. Martin argues the appeal was conducted unlawfully because the IHRB used a barrister not qualified to practise in Ireland, violating the 2015 Legal Services Regulation Act. He requests a stay of the suspension pending the review and an order quashing the penalty. The IHRB, represented by Ronan Kennedy SC, denies the claim and maintains that the barrister was qualified in England and Wales. Mr Justice Rory Mulcahy has reserved judgment on the applications and will decide on Thursday, while a temporary stay has been granted to allow Martin's horses to race on Wednesday.

2024-05-13 · Ireland

Garda made subject of disciplinary hearing after sex harassment complaint

A female Garda has taken her case to the High Court after she alleged sexual harassment by a male sergeant and claimed she was then victimised by a female superior. She says the sergeant behaved inappropriately at a mortuary, sent her phone a suggestive message, and made sexual comments. She reported this to a female superior, who she says disclosed the complaint to the sergeant. The Garda claims the superior was unhappy with the formal complaint and interfered with the process. The court heard that the sergeant was suspended and the superior stripped of duties. The Garda was later found to have breached Garda discipline for alleged unacceptable conduct with her superior and for posting Garda matters on social media. She appealed unsuccessfully and now seeks to overturn the disciplinary findings, arguing the process was flawed and unfair. The case is set to return to court next month.

2024-05-13 · Dublin

Debt settlement arrangement sees company director write off €8.9m for €50k

The High Court approved a debt settlement arrangement (DSA) for 63‑year‑old Mark Quinn, allowing him to write off €8.9 million owed to Everyday Finance DAC in exchange for a lump‑sum payment of just over €50 000. The DSA will run for 12 months, during which Quinn will continue to live with his partner at Laurence Grove, Clontarf, Dublin 3, and work for an advertising company. The arrangement was drafted by Personal Insolvency Practitioner Eugene McDarby and presented to the court by Keith Farry BL, who argued that the DSA would be more favourable to the creditor than a bankruptcy proceeding. The court found no objections and approved the DSA, which is intended to restore Quinn to solvency.

2024-05-13 · Ireland

'Human + Kind' vegan company ordered to pay €156k for unfair dismissal

The Workplace Relations Commission ruled that Jeroon Proos, co‑founder and former general manager of Human + Kind Ltd, was unfairly dismissed in November 2022 and was owed unpaid wages. Proos had been employed as general manager with responsibility for sales and marketing since 2013. In 2021 the company's board cut his salary from €126,000 a year to €10,500 a month, then to €6,250 in January 2022 and to €1,500 in April 2022, without following proper procedures or obtaining his consent. Proos claimed the cuts were unlawful and that the company had no process for termination, describing it as a summary dismissal. The tribunal found no evidence of misconduct, no statutory redundancy payment, and no company appearance. It awarded Proos €101,000 for lost earnings from unfair dismissal, €53,623 for wage shortfalls between January and October 2022, and ordered payment of the sums subject to statutory deductions. The total awarded exceeded €156,000.

2024-05-13 · Dublin

Ex-2FM star who laundered scam cash asks court not to record conviction

Former 2FM presenter Nikki Hayes, aged 44 and real name Eimear Black O'Keeffe, has asked a Dublin Circuit Criminal Court to defer sentencing so she may avoid a conviction under Section 100 of the Criminal Justice Act. Hayes admitted possession of €15,000 as proceeds of crime in a Permanent TSB account on 5 and 6 November 2020, comprising €10,000, €2,600 and €2,400. The money was withdrawn from the victim's account and deposited into Hayes' account, then moved to Revolut and withdrawn via ATMs in Liffey Valley. The court heard that the remaining €2,000 was blocked and returned to the victim, leaving the bank with a loss of about €2,000. Hayes has six prior convictions for minor traffic offences, has been diagnosed with bipolar and borderline personality disorder, and has been in alcohol‑free treatment.

2024-05-09 · Dublin

Money mule avoids jail as court hears of 'sophisticated' €460k scam on Trinity hardship fund

In a Dublin Circuit Criminal Court hearing on 9 May 2024, the court considered a sophisticated fraud that defrauded €461,275 from the Trinity College hardship fund through over 200 transactions. Jonathan McMahon (27) of Dublin 13 was arrested and admitted that the accounts used belonged to him, but he claimed the money was not his and that he had spent it. Garda investigators said the money was quickly moved to third‑party accounts and that McMahon had no connection to the university or the hardship fund. McMahon had no prior convictions and was not under duress. The defence counsel argued for a non‑conviction outcome, citing his mild intellectual disability and personal circumstances. Judge Pauline Codd rejected this, noting the scale of the scheme and the four‑month period of the offences.

2024-05-08 · Dublin

British drugs mule claimed he didn't know €650k in cannabis was in luggage

Jonathan Mafolo, a 26‑year‑old British citizen from Manchester, was arrested at Dublin Airport on 9 October after customs officials intercepted a passenger travelling from JFK to Birmingham. He was found carrying two padlocked suitcases containing over 32 kilos of cannabis worth more than €650,000. Mafolo pleaded guilty to the importation charge, claiming he did not know what was in the luggage and had no code to open it. He said he had discovered the bags outside his hotel in New York and could not have known their contents. He denied personally taking the drugs and stated he was acting to help his brother, who was in debt. The court heard that Mafolo had a clean record, a good work history, and strong community support. Judge Martin Nolan accepted his cooperation and mitigating circumstances, and imposed a headline sentence of seven years, reduced to a five‑year custodial term backdated to the arrest date.

2024-05-08 · Ireland

Families resolve actions over allegations that special needs children physically abused at school

Families of five special‑needs children sued the school board and the Minister for Education after a former staff member alleged that children in the school's autism unit were repeatedly pulled, dragged, and physically abused by a teacher and a Special Needs Assistant. The allegations included shouting, grabbing children by the neck, forcing them into sensory rooms, and using soap on a child's mouth. The families claimed the board failed to investigate and placed the staff on leave. The High Court heard the case before Mr Justice Barry O'Donnell, but the parties reached an out‑of‑court arrangement. The children will be placed in an educational setting without the two staff members pending a Tusla investigation. The court did not order costs, noting the parties had compromised, and awarded a modest cost award to the first applicant. The claims were ultimately denied.

2024-05-07 · Dublin

Persons 'unlawfully occupying' former music shop given till end of month to vacate

Mr Justice Mark Sanfey of the High Court ruled that up to a dozen persons alleged to be unlawfully occupying a four-storey building on James Street, Dublin 8, must vacate the property by May 29. Developer Sumberry Limited, which purchased the former music shop in 2021 for €800,000, brought proceedings against the occupants, claiming they had no valid tenancies or leases and were trespassing. The plaintiff sought injunctions to restrain occupation and prevent access obstruction, citing health and safety concerns. Ms Jem Cleaver, representing herself, disputed some claims regarding the building's condition and service of documents but accepted she had no entitlement to reside there. She requested time to find alternative accommodation due to the housing crisis. The judge granted a stay on the mandatory vacate orders until May 29 to allow residents to make arrangements. Mr Stephen Bedford, a named defendant alleged to have been seen at the property, was not present in court. Ms Cleaver stated Mr Bedford did not reside at the building. The matter was adjourned and will return before the court later this month.

2024-05-07 · Waterford

Virgin Media and TV correspondent agree to mediate dispute

Paul Byrne, a southern correspondent for Virgin Media, has taken his employer to the High Court over a disciplinary process he says is flawed. He was suspended after a live report on February 9 about a boy's death in County Waterford, in which he cited a claim that the boy had been drowned and placed in a car. The claim was later found false, but Byrne says he verified it with credible sources and that other outlets had published it. He alleges Virgin Media breached his contractual rights, that the disciplinary hearing was unfair, and that the process could lead to dismissal for gross misconduct. Byrne seeks injunctions to stop the proceedings, to lift his suspension, to have his salary paid and to prevent the appointment of a replacement. Virgin Media rejects the allegations, calling the breach "serious in nature" and stating it will take steps to avoid a repeat.

2024-05-07 · Dublin

Ex-Astronomy Ireland employee who said finance work was taken away when she 'started to ask questions' wins €2k for rights breaches

The Workplace Relations Commission awarded Nicole Doyle, a former administrator at Astronomy Ireland, €2,153.88 in compensation for employment rights breaches. Doyle, who worked in Ballycoolin, Dublin 11, between July 2022 and February 2023, alleged that the organisation failed to provide written contractual statements as required by the Terms of Employment (Information) Act 1994. She claimed her financial responsibilities were removed after she questioned the legality of certain operations and that she was subjected to a non-disclosure agreement. Astronomy Ireland failed to enter an appearance before the tribunal in February. Adjudicating officer Roger McGrath found that the burden of proof lay with the employer to disprove the claims, which it failed to do due to its absence. The adjudicator upheld all three complaints, finding breaches regarding the failure to provide a core written statement within five days, a more expansive statement within 30 days, and written notification of changes to terms. Doyle was accompanied by Sonya Martin, her former line manager, who stated she witnessed similar grievances and is pursuing her own workplace rights claim. The decision resulted in an award of four weeks' pay as compensation for the established breaches.

2024-05-03 · Laois

'€1 million in silver and gold': boglands dispute comes before High Court

Bord na Mona Biomass Ltd (BNM) brought a case to the High Court over alleged unlawful peat harvesting by Mr Liam Gorman at Garrymore Bog, Tinnahinch, Co Laois. BNM claims it acquired the bogland from Gorman's family in October 2023 and that Gorman, who has been milling peat on the site for over 30 years, has built a road from his own lands onto the property and removed peat from 390 acres of a 400‑acre site. BNM says it owns 87 of the 94 plots and is concerned that Gorman's commercial activities damage the bog. Gorman denied trespassing and threatened that if BNM cannot prove ownership he would be owed €1 million in silver and gold. The court granted a temporary injunction restraining Gorman from trespassing, working on the land or removing material, and the matter was adjourned to a next‑week hearing.

2024-05-03 · Dublin

Man accused of unlawfully residing at ESB substation claims he has 'nowhere else to go'

In a High Court hearing on 3 May 2024, Glen Oglesby claimed he had been living in a caravan on the ESB's Gloucster Place Upper substation site in Dublin 1 and said he had "nowhere else to go." He warned that if forced to leave, he might end up in homeless shelters or turn to drugs. Oglesby said local residents had not objected to his presence and admitted ownership of a Doberman Pinscher on the site. He also stated that the ESB had previously brought proceedings against his brother, Paul Oglesby, who he said was not the person residing there. The ESB's counsel argued that the person on the site was Paul, not Glen, and requested that Glen be added as a defendant. Judge Mark Sanfey agreed to add Glen to the action, adjourned the case to a later date in the month, and urged him to prepare a response.

2024-05-03 · Dublin

Unite General Secretary has taken 'extraordinary position' that she's not amenable to Irish law, Ogle's layers tell WRC

The Workplace Relations Commission adjourned a hearing concerning Brendan Ogle's complaint under the Employment Equality Act 1998 against trade union Unite. Ogle alleges he was sidelined in 2022 following his return from cancer treatment, claiming a directive from general secretary Sharon Graham excluded him from a new Ireland strategy. His legal team applied to compel Ms. Graham to attend for questioning, arguing her position that she is not amenable to Irish law is extraordinary given her role and the union's Irish operations. Unite's counsel countered that the tribunal lacks jurisdiction to compel her attendance and that her evidence is unnecessary, citing a previous decision by adjudicator Kevin Baneham which refused to summon witnesses not called by the respondent. Counsel also referenced a comparison involving Tim Cook to illustrate that senior executives need not attend for policy changes. Adjudicator Elizabeth Spelman stated she would issue her decision on the application in writing before the next scheduled date. The matter was adjourned until that decision is communicated, and no final determination was reached at this stage.

2024-05-02 · Dublin

Tallaght pub 'completely stripped bare' of €250k fixtures, High Court told

In a High Court hearing, Kevin McCarthy and Wealth Options Trustees Ltd claim that a Tallaght pub was "completely stripped bare" of equipment, fixtures and fittings worth €250,000 after the departure of a previous tenant. The plaintiffs allege that MPK Bars Limited and its director Kevin O'Shea, who leased the premises from the former tenant in 2018, removed the items without consent. The pub, located at Tuansgate, Begard Square East, covers 1,450 square metres over two floors and a basement, and holds a seven‑day publican's licence. The removal allegedly occurred in late 2023, after the parties could not agree on a new lease. McCarthy says the loss of the equipment will cost €250,000 to replace and could jeopardise licence renewal in September. He seeks an injunction to restore the property and a return of the licence. The case was adjourned to a later date this month.

2024-05-02 · Ireland

'Get on if you're going': bus driver treated mother of disabled children unacceptably

In a complaint under the Equal Status Act 2000, a woman with two disabled children was denied boarding by a bus driver who shouted, "Get on if you're going," despite her presenting a travel card and explaining she was a carer. The incident occurred on 26 July 2023 in heavy rain, with the woman standing in the rain and allowing other passengers to board first. The driver's behaviour was described as treating the family "as if he was doing them a favour." The bus operator, which did not name itself, responded that the driver was identified and interviewed, but the driver had left the company during an internal disciplinary process. The Workplace Relations Commission found the woman discriminated against on disability grounds and ordered the company to pay €5,000 in compensation. The company apologized for a lack of communication and offered further assistance to the complainant.

2024-05-01 · Dublin

Judge tells money mule to find job and raise compensation for student accommodation scam victims

In a Dublin Circuit Criminal Court hearing, Judge Sarah Berkeley adjourned the case of Martin Awoke, a 26‑year‑old from Tallaght, to July 8, giving him an opportunity to avoid prison by raising compensation for two victims who paid a total of €9,820 for student accommodation in Limerick. Awoke pleaded guilty on 12 August 2022 to handling the proceeds of crime, but the court noted his role was limited to allowing his bank account to be used; he had no involvement in the scheme itself. He had no prior convictions, had recently lost his job, and had cooperated with Gardaí. The judge directed a probation report and suggested Awoke find new employment to help pay the victims, who had lost money intended for their children's college. The judge emphasized that Awoke could choose to comply or go to custody, and requested payslips and documentation for the next hearing.

2024-05-01 · Offaly

Primary school sues over alleged failure to hear appeal against SNA refusal

The Board of Management of Shinrone National School in Co Offaly has initiated High Court proceedings after the National Council for Special Education (NCSE) refused to allocate additional Special Needs Assistants (SNAs). The co‑educational primary school currently employs five mainstream teachers, two Special Education Needs teachers, an autism class teacher and six SNAs. Late last year the school applied for more SNAs to accommodate an expected increase in students requiring support. The NCSE rejected the application, and the board appealed to the NCSE's Independent Appeals Advisory Committee, which has the final decision. The board argues that the appeal has not yet been scheduled for hearing, claiming a breach of fair procedure and urgent need as the current school year ends.

2024-05-01 · Kildare

Restaurant boss who claimed worker left 'happy' with €300 'golden handshake' loses dismissal case

Caitlin Kavanagh, a part‑time takeaway worker at Goodwill Catering Ltd (the Peony Garden) in Prosperous, Co. Kildare, was dismissed by text after she requested a €1‑per‑hour raise for additional tasks the new owner demanded. The owner, who claimed Kavanagh had left "happy" and received a €300 "golden handshake", was found by the Workplace Relations Commission to have breached her fundamental rights. The tribunal heard that the owner sent multiple texts on 27 June 2023 stating she was no longer an employee and that Kavanagh would need to sign a new contract to keep her job. No dismissal procedures were followed. The commission awarded Kavanagh €896 in compensation, covering eight weeks' wages. The case confirms the dismissal was unfair under the Unfair Dismissals Act 1977.

2024-04-30 · Dublin

Company claims city building is being unlawfully occupied

Sumberry Limited, owner of a four‑storey former music shop on James Street, Dublin 8, has filed High Court proceedings alleging that up to 12 people, including Mr Stephen Bedford, are unlawfully trespassing on the property. The company bought the building in 2021 for €800,000 and secured planning permission last year to convert it into 11 apartments. It claims the building, previously boarded up and unoccupied, has been occupied by unknown parties since January. Sumberry says none of the alleged occupants have permission or a lawful reason to be there and that the building lacks suitable residential facilities, including a working fire alarm system. The plaintiff seeks an injunction to restrain the defendants from occupying the property, to prevent them from blocking access, and to order them to vacate. The case will return to the High Court next week.

2024-04-30 · Dublin

Man living dangerously on ESB substation grounds, High Court told

The ESB has brought High Court proceedings against Paul Oglesby, who it says unlawfully moved his caravan onto ESB property at Gloucester Place Upper in Dublin 1 in late February. The site is part of a Dublin city centre substation that includes a 38 KV and a 10 KV substation. The ESB claims Oglesby has no legal right to be there and has refused to leave despite signs directing him to vacate. In March, Oglesby approached ESB staff, accompanied by Gardaí, with a Doberman Pinscher and insisted he would not leave. The ESB says the area around the substation is unsafe for anyone other than trained staff and contains underground cables. The company seeks injunctions to force Oglesby to vacate, surrender possession, remove belongings, stop damaging the property and cease entering the lands. Mr Justice Mark Sanfey granted the ESB permission to serve short notice of the proceedings, and the case will return to court later this week.

2024-04-30 · Donegal

Council worker wins €45k for pregnancy-related dismissal

A Donegal County Council employee has been awarded €45,000 by the Workplace Relations Commission for discriminatory dismissal related to her pregnancy. The council had renewed the woman's fixed-term contracts annually from 2015 onwards in its environmental division. Following notification of her pregnancy in February 2019, the council's approach altered significantly, with work ceasing and her role concluding the following May. The council argued the position was contingent on temporary EU funding and that permanent posts required public competition. Adjudicator Brian Dalton concluded the employee had acquired a contract of indefinite duration after accumulating over four years' service and held permanent status when announcing her pregnancy. He found an inference of discrimination in the pattern of contract renewals ceasing only upon pregnancy notification. The tribunal determined a pregnancy-related dismissal had occurred and awarded compensation for gender discrimination under the Employment Equality Act. No additional award was made under the Protection of Employees (Fixed-Term Work) Act 2003, as this would constitute duplicate compensation.

2024-04-30 · Ireland

Law firm ordered to pay €5k and retrain management after discriminating against solicitor

In a tribunal ruling on 30 April 2024, the employment tribunal found that Mason Hayes and Curran LLP had discriminated against senior associate solicitor Oisín Gourley, who was dismissed after six months' probation in August 2023. The firm had failed to consider reasonable accommodation for Gourley's long Covid and depression before deciding he had failed his probation. The adjudicator, Marie Flynn, ordered the firm to pay Gourley €5,000 compensation and to retrain its managers on disability policies within three months. The tribunal rejected Gourley's further claims of discriminatory harassment, victimisation and dismissal under the Employment Equality Act 1998. The decision noted that the firm had not assessed Gourley's fitness for the role or explored accommodation options, and that the dismissal was taken without such an assessment. No other outcomes were reported.

2024-04-29 · Ireland

School challenges Department's direction that it enrol profoundly disabled child of asylum seekers

A rural primary school has taken the Department of Education to the High Court to overturn a decision that it must enrol a profoundly disabled child whose family are asylum seekers. The school received an enrolment application last year, which was refused because the child did not meet the school's criteria and the school said it could not meet the child's needs. A three‑person committee set up by the Minister for Education reversed that refusal and directed the school to enrol the child. The school's board argues the committee's decision was flawed, citing the child's complex needs, lack of specialist support, health and safety concerns, and procedural issues such as the absence of a translator. The board seeks an order quashing the committee's decision and a remand to a new appeals committee. The case was adjourned to a hearing next month.

2024-04-29 · Dublin

Man with Down Syndrome challenges failure to assess him for social housing

David Johnstone, a 40‑year‑old man with Down Syndrome who lives with his family in Cabinteely, has filed a High Court challenge against Dun Laoghaire‑Rathdown Council. He seeks an order forcing the council to carry out a social housing assessment that meets the 2009 Housing Act. Johnstone says he can manage most basic needs but requires full‑time assistance to live safely and independently. He has been seeking assessment for over a decade and claims the council failed to identify suitable support after deeming him eligible in 2012. He argues this delay breaches his rights and the state's obligations. The case was granted permission by Ms Justice Niamh Hyland on an ex‑parte basis and is set to return to court next month. The proceedings involve the Minister for Housing, the Minister for Children, Equality, Disability Integration and Youth, and the Attorney General.

2024-04-26 · Wicklow

Judge rejects latest claims over data centre lands in 10-year legal 'saga'

In a High Court hearing on 26 April 2024, Mr Justice Michael Twomey dismissed the latest claim by brothers Brian and Maurice McDonagh against Fane Investments Ltd, Quanta Capital Investments Ltd and director Mel Sutcliffe over an 82‑acre site at Mount Kennedy, Kilpedder, Co Wicklow. The brothers alleged a 2017 agreement to form a 50‑50 partnership with Quanta to develop a data centre, but the judge held that the agreement was conditional and never became legally binding, having been terminated in March 2018. The McDonaghs had bought the land in 2007, failed to repay a mortgage to Ulster Bank, and the bank appointed a receiver in 2014. Fane purchased the land from the receiver in 2021 for €3 million plus a deferred 25 % profit share. The brothers also sued Ulster Bank for an alleged inadequate sale price, but the judge found no expert evidence and upheld the bank's Isaac Wunder orders.

2024-04-26 · Dublin

Russian aircraft lessor ordered to pay staff over €30k

The WRC ruled that Avia Capital Leasing Ltd, the Irish arm of a Russian aircraft leasing firm, must pay former staff over €30,000 for breaches of employment rights after the company shut down in April 2022 due to EU sanctions linked to the Ukraine invasion. The tribunal awarded Sofija Krascuka €6,188 and Alexandra Skavronskaja €22,558 for illegal wage deductions in March and April 2022, and a week's pay each for failure to provide written employment terms. Technical manager Anton Gremin received €11,970.80 for statutory notice entitlements. The tribunal found the company was unable to pay redundancy sums because its bank accounts were frozen, but granted the workers the right to claim redundancy from the social insurance fund. The decision was made in a remote hearing in April 2023 and published on 26 April 2024.

2024-04-25 · Dublin

Doctor seeks injunction against receiver taking possession of Hermitage clinic suite

Dr Edwin Fitzgibbon, also known as Joe Fitzgibbon, has launched High Court proceedings seeking an injunction to prevent a receiver from repossessing a medical suite at the Hermitage Clinic in Lucan, Dublin 20. The applicant, represented by Miriam Reilly SC and Conor Duff BL, alleges that receiver James Anderson and Everyday Finance intend to take possession on April 27 over a dispute regarding the repayment of loans. Dr Fitzgibbon claims the threatened repossession is heavy-handed and disproportionate, noting the suite is also used by two other practitioners. The dispute stems from loan facilities of just over €1m taken out with AIB in 2013. The applicant asserts he entered a settlement agreement in 2017 to sell the suite by June 2022 and has complied with its terms, despite the loan being sold to Everyday Finance DAC. He rejects claims of non-compliance, attributing delays to the actions of Everyday's agents, and has lodged an outstanding complaint with the Financial Services and Pensions Ombudsman. Dr Fitzgibbon states he was informed last month that the settlement agreement was formally withdrawn and that the receiver, appointed in late 2023, planned to take possession. Before Mr Justice David Nolan, the court granted the applicant permission on an ex-parte basis to serve short notice of his injunction application on the defendants. The matter was adjourned and will return before the court next week.

2024-04-25 · Laois

Couple get permission to bring motion seeking developer's possible committal to prison

Alan O'Neill and partner June Finnegan have obtained permission to file a motion seeking the attachment and possible committal to prison of Mr. Noel Martin Senior, a defendant in their case against Drumgoan Developments Limited. The couple allege that Mr. Martin breached a High Court injunction that barred him from contacting them regarding the disputed ownership of a garage adjacent to their 20‑year‑old home at Crann Nua, Edenderry Road, Portarlington. They claim the garage, purchased with an extra fee in 2005, was not properly conveyed to them and that the defendants have threatened and intimidated them. The judge, Mr Justice David Nolan, granted the motion on an ex‑parte basis and adjourned the application to a date next week, while maintaining the injunction. The couple also allege that Mr. Martin sent threatening communications and that the defendants have engaged in a "land grab" and demanded money from them and neighbours. The case remains pending.

2024-04-25 · Ireland

Irish courts asked to recognise €15.4bn judgement against Argentine State

The Irish High Court has been asked to recognise a €15.41 bn judgment against the Argentine State, awarded by a New York court last year for the re‑nationalisation of YPF. Two minority shareholders – the Spanish‑registered Petersen Energia Inversora SAU and Peterson Energia SAU, and the US‑registered Eton Park Capital Management LP, Eton Park Fund LP and Cayman‑registered Eton Park Master Fund Ltd – sued Argentina and YPF after the 2012 nationalisation. They claim the State failed to make a public offer for the remaining 49 % of YPF shares, breaching contract and causing significant losses. The New York court awarded the Petersen group US$14.38 bn and the Eton group US$1.71 bn. The applicants seek Irish recognition to enforce the ruling, arguing Ireland's reputation for predictability, speed, and its status as a major fund‑administration and debt‑securities hub will aid asset location and enforcement.

2024-04-25 · Kerry

Worker's claim of racial discrimination over alleged 'Kung Fu' remark is rejected

In a decision by the Workplace Relations Commission, Dara Deasy's claim that a hotel general manager racially harassed him by asking if he "knew Kung Fu" after learning of his Chinese heritage was rejected. Deasy, who worked part‑time at the Brandon Hotel from 31 March to 5 August 2023, alleged that manager Stephen Quinn used a "racial slur" and mocked him after Deasy tasted spring rolls on 8 June 2023. Quinn testified that he had simply asked Deasy about his knowledge of the cuisine and denied any discriminatory intent, describing the remarks as a compliment. The adjudicating officer found no evidence that Deasy was met by a racial slur during his employment, citing Deasy's vague recollections and the manager's denial. The tribunal therefore dismissed the complaint under the Employment Equality Act 1998. The decision noted that Deasy had been dismissed for performance issues and had not appealed the dismissal. The case was closed with no further action.

2024-04-25 · Ireland

Fast food worker 'sacked on spot' during row with manager wins unfair dismissal case

A fast food worker, Martin Gerard Murphy, was found to have been unfairly dismissed by the Workplace Relations Commission after being sacked on the spot during an altercation with his manager. The commission awarded him €500 in compensation for the lack of fair procedures. The manager claimed Murphy had pointed a knife at him and was aggressive, leading to his immediate dismissal. However, the commission found that while there was some conflict in the evidence, the nature of the altercation did not justify instant dismissal. Murphy denied pointing a knife and stated he was dismissed without notice or explanation. The adjudicator noted that the business should have followed a disciplinary process rather than dismissing him on the spot.

2024-04-24 · Laois

Developers face 'serious consequences' if they breach undertakings on exotic pets garage, judge warns

In a High Court hearing on 24 April 2024, Mr Justice David Nolan warned Drumgoan Developments Limited and its alleged owners, Noel Martin Senior and Darren Martin, that any breach of the court's undertakings or the temporary injunction would bring "serious consequences." The injunction, granted after Alan O'Neill and partner June Finnegan secured a restraining order, prohibits the defendants from contacting the couple or driving past their home on Edenderry Road, Portlaoise. Mr Justice Nolan noted that the defendants had already breached the injunction when Mr Martin Senior sent a WhatsApp message threatening to report the couple to Tusla for "dangerous unlicensed animals" and demanding the removal of Mr O'Neill's car. The judge described the defendants' conduct as "egregious" and urged their lawyers to convey the gravity of any further breaches. He adjourned the case for a week to allow the parties to discuss a potential arrangement regarding the injunction.

2024-04-23 · Ireland

Nightclub manager made redundant after triple heart bypass wins €35k

Richard Green, former operations manager at Tramline Taverns Limited, won €35,645 after a tribunal found his dismissal was not a genuine redundancy but a guise to remove him following a triple heart bypass. Green, who earned €1,000 a week, had informed the director of his upcoming surgery in early 2022. He claimed the director's behaviour changed abruptly, using his illness as a pretext to keep him out of work. Green's evidence included text messages and a lack of a promised review report. In December 2022, he was told his role would be made redundant and was escorted off the premises. The tribunal, hearing only Green's uncontested evidence, concluded that he was still fit to work and that the dismissal was unlawful. Mr McGrath awarded €27,645 for unfair dismissal and €8,000 for disability discrimination, totaling €35,645.

2024-04-22 · Meath

PIA will allow Meath couple to write off €2.6m in debt

The High Court approved a Personal Insolvency Arrangement for Thomas and Valerie Johnson, a couple from Co Meath, allowing them to write off over €2.65 million in debt mainly owed to financial funds. The arrangement, lasting 12 months, lets the couple keep their family home at Liscannor Lodge, Drumree Road, Dunshaughlin. Their mortgage will be restructured with a €200,000 lump‑sum payment, and they will pay €1,500 toward unsecured debts. The court, presided over by Mr Justice Alexander Owens, approved the application submitted by Keith Farry BL on behalf of the couple's insolvency practitioner.

2024-04-22 · Dublin

Nursing home challenges funding increase offered by State

A nursing home operator, Bartra Opco (Northwood NH) Limited, has initiated a High Court challenge against the State over what it describes as an insufficient funding increase under the 'Fair Deal scheme'. The applicant operates the Northwood Residential Home on Old Ballymun Road Santry, Dublin 9, and claims that the National Treatment Purchase Fund (NTPF) has not provided a fair or reasonable offer for the funding increase. The nursing home sought a 10% increase, amounting to an additional €127 per week per resident, but the NTPF's final offer was €1,320 per resident from January 1, 2024, to April 30, 2024, and €1,365 from May 1, 2024, to April 30, 2025. The applicant alleges that the offer is not fair, lacks proper reasoning, and is inconsistent with how the NTPF has handled similar requests from other nursing homes. The case was heard by Ms Justice Niamh Hyland, who granted the applicant permission to proceed on an ex-parte basis. The matter is adjourned and will return before the court next month.

2024-04-19 · Ireland

'Still haven't found what he's looking for': no show by musician who sued U2 sees multi-million euro damages claim struck out

Maurice Kiely, a musician who claimed he wrote the song 'A Man and A Woman' and that it was unlawfully included on U2's 2004 album 'How to Dismantle an Atomic Bomb', sued U2 Ltd for €12 million in damages. He represented himself and had previously sought interrogatories from U2, which were dismissed by Mr Justice O'Moore. In the High Court, Mr Justice Mark Sanfey dismissed the appeal after Kiely failed to appear for the hearing and could not be located in the Four Courts precincts. The judge noted Kiely's inconsistent communications and his decision not to attend the scheduled mention. Consequently, the entire proceedings were struck out, and U2 Ltd was ordered to recover its legal costs from Kiely. The case remains closed with no further action taken by Kiely.

2024-04-19 · Ireland

Labour Party's small business spokesperson underpaid permit worker

The Workplace Relations Commission adjudicated a complaint by Patricia Oropeza-Vedia against Juliet O'Connell, finding multiple breaches of employment rights. Adjudicator Catherine Byrne determined that O'Connell's firm, The Zip Yard, underpaid the worker, who was employed as a permit worker. The tribunal found a gross wage shortfall of €6,016 between February 2022 and February 2023, as the worker was paid approximately €460 weekly against a contractual salary of €30,000. The adjudicator awarded €7,378 under the Payment of Wages Act 1991, including back pay and 67 hours of overtime. Additionally, the employer was ordered to pay €1,154 for unpaid annual leave and a further €1,154 in compensation under the Organisation of Working Time Act 1997. A further €1,731 was awarded for a breach of the Terms of Employment (Information) Act 1994, citing a mismatch between the job description and actual duties. The total award was €11,417. O'Connell, who appeared as respondent-in-person, disputed the claims but failed to provide sufficient evidence. Following the decision, the Labour Party stated that O'Connell, its former small business spokesperson, had resigned from the party and would not stand in local elections. The party noted it learned of the adjudication via a press query and affirmed its commitment to workers' rights.

2024-04-18 · Waterford

'Everything I believed in came crashing down': senior SIPTU official claims she was 'union-bashed' by Liberty Hall

Ger Malone, a former chair of SIPTU's internal staff representative council, has taken the union to the Workplace Relations Commission under the Protected Disclosures Act 2014, alleging she was penalised for making 17 protected disclosures. She claims 29 separate acts of penalisation, including letters from management criticising her work, and says the union has denied any wrongdoing. The union acknowledges that three of Malone's communications were protected but rejects the allegations. Malone's case was scheduled to open at Waterford Courthouse, but she requested an extension to consider events before the six‑month statutory limit, which the tribunal has postponed. The hearing was adjourned, with a new date set for late June to resume the proceedings. The dispute also involves the burden of proof and the union's readiness to respond to the earlier disclosures.

2024-04-17 · Laois

High Court row over ownership of garage used to keep reptiles including alligator

Alan O'Neill and his partner June Finnegan have launched High Court proceedings against Drumgoan Developments Limited, Noel Martin Senior, and Darren Martin regarding a dispute over the ownership of a garage in Portarlington, Co Laois. The plaintiffs allege they purchased the garage in 2005 but it was not properly conveyed due to a solicitor's oversight. They claim the defendants, who assert ownership, engaged in a "land grab," made monetary demands, and damaged the property with a JCB on 21 February, despite the garage housing exotic animals including a caiman alligator, chameleons, and scorpions. Mr O'Neill alleged that men directed by Darren Martin smashed the walls with power tools and drove a JCB through the structure, causing substantial damage and disrupting animal breeding. He further claimed Noel Martin Senior sent threatening messages and that the defendants intimidated the family by driving near their home. In response to a cease and desist letter, Mr Martin Senior allegedly dismissed the legal correspondence as "waffle" and threatened to report the plaintiffs to Tusla. Counsel Ruaidhri Giblin BL, instructed by solicitor Paul Kelly, sought an injunction to protect the property and restrain interference. Mr Justice Mark Sanfey, hearing the matter on an ex parte basis, granted a temporary injunction restraining the defendants or their agents from contacting or communicating with the plaintiffs. The judge noted the defendants' communications did not put them in a good light and granted permission to serve short notice of the proceedings. The matter was adjourned and will return before the court next week.

2024-04-16 · Waterford

Veteran Virgin broadcaster bids to halt disciplinary proceedings against him

Paul Byrne, a veteran Virgin Media broadcaster, has filed High Court proceedings to halt disciplinary action taken by his employer after he was suspended following a live report on February 9th about a young boy's death in County Waterford. Byrne argues the information he presented was believed credible at the time and that the suspension was due to alleged breach of the broadcaster's News Guidelines for not consulting his line manager beforehand. He claims the disciplinary process is flawed, punitive, and breaches his contractual rights, seeking an injunction to stop the proceedings, restore his salary and benefits, lift his suspension, and prevent replacement. Virgin Media denies the allegations, stating the breach was serious and steps were needed to avoid recurrence. Byrne's counsel, Eoin Clifford SC, described the process as "irredeemably flawed" and highlighted that Byrne was not required to discuss the report with the producer. The case is set to return to court next week.

2024-04-16 · Kerry

Dispute between Italian firm and Irish jeweller after breakdown of alleged romantic relationship is resolved

In a High Court case, World Diamond Group SPA (WDG) sued Irish jeweller Shuwan Li, trading as Empress Fine Jewels, over a €585,000 consignment of gemstones that Li allegedly refused to return. WDG claimed the dispute stemmed from payment issues, not from the end of a romantic relationship between WDG's CEO, Giuliano Castrenze, and Li. Li counter‑claimed that the action was motivated by the breakup of their alleged four‑year relationship, which she said had left her unable to trade. Both parties denied wrongdoing. After out‑of‑court talks, the parties agreed to adjourn the case for three weeks with the injunction in place, and to return to court in January. The injunction remains, preventing Li from selling or disposing of the goods. The case is now scheduled for a further adjournment to next month's hearing.

2024-04-15 · Clare

Buddhist Centre deny penalising ex chair over alleged tax concerns

The directors of the Sunyata Retreat Centre CLG in Co Clare deny that former chair Jan Ebbs was removed from the board in 2023 because she raised concerns about the charity's tax affairs and employment law compliance. The centre says it has always been tax‑compliant, citing an audit by the Revenue Commissioners that confirmed no further liability would be pursued. Ms Ebbs, who was voted off the board in late 2022, has filed complaints under the Protected Disclosures Act 2014 and the Charities Act 2009 alleging that the directors penalised her for voicing concerns about the lack of a written contract for an employee, missing PRSI contributions and the charity's "taxation governance." In a preliminary hearing, the board's spokesperson said no director recalled any phone call or in‑person conversation with Ms Ebbs about her alleged protected disclosures.

2024-04-15 · Dublin

Ireland's only record manufacturer scratched out

The High Court formally wound up Pressing Matters Limited, trading as Dublin Vinyl, on 15 April 2024, appointing Ken Fennell and Eamonn Richardson of Interpath Advisory as joint liquidators. The company, founded in 2016, employed 22 full‑time staff and four full‑time contractors and had liabilities exceeding €1.3 million. It had been unable to meet its debts as they fell due and had been petitioning for winding up. The court heard that the firm had hoped the provisional liquidators might allow it to complete outstanding orders worth €500,000, but Sam Collins BL reported that the clients deemed this unfeasible. All employees were made redundant. The company had received four separate offers for its assets, which are under consideration. Pressing Matters had sustained significant losses in 2022 and 2023 due to Covid‑19, Brexit, the Ukraine war, a lost major contract and delays in record‑pressing machines.