The High Court formally wound up Clonmannon House Retirement Village Limited, a Dublin-registered company that received millions from Chinese investors to develop a Co Wicklow care facility. Mr Justice Brian Cregan confirmed the appointment of insolvency practitioner Declan De Lacy as liquidator, following a provisional appointment after the court held the firm insolvent. The order was sought by Beijing-based Ms Yi Yuan, who claims to have lent €1m under the Immigrant Investor Programme. Counsel for the liquidator noted that the company's sole director, Ms Candance La Fleur, agreed to cooperate, and that the company intended to complete the purchase of Clonmannon House by month-end, with €1.9m already paid. The judge directed Ms La Fleur to provide a statement of affairs, and the matter was adjourned to return before the court later this month. Separately, proceedings brought last January by Clontarf-based Ms Li Sun, who invested in 2019, secured a temporary freezing order to prevent the disposal of assets. Ms Sun fears she will not recover €1.3m she says she is entitled to. All claims of wrongdoing in those proceedings have been denied by the company, and that action also returns before the court later this month.
In a High Court case, a provisional liquidator has been appointed for Clonmannon House Retirement Village Limited, a Dublin‑registered company that acquired a property in Ashford, Co Wicklow, for a care facility. Beijing‑based Ms Yi Yuan, who invested €1 million in 2020 under Ireland's Immigrant Investor Programme, claims the company owes her €1.17 million, which has not been repaid. She alleges that the company's director, Candance La Fleur, made false statements in an affidavit, including that €100 000 had been paid to an investor and that the company had agreed to sell its asset, write down debt, and delay repayment—claims Ms Yuan says she never consented to. Ms Yuan also contends the property was purchased for €1.9 million instead of the €2.15 million contract price and was not transferred to the company. The company has failed to file annual returns, maintain a company secretary, and keep a director resident in the EEA.
A Leaving Certificate supervisor has brought a complaint before the Workplace Relations Commission against the State Examinations Commission over mileage allowance deductions spanning three years. Daniel Murphy, from Monaghan, supervised exams at a school in Kells, County Meath, and claims he was underpaid by over €1,600 in total across 2021, 2022 and 2023 for mileage expenses. Mr Murphy stated he used the N2 route to ensure timely arrival for exam supervision, rather than minor back roads he considered impractical and subject to traffic delays. The SEC disputed the claims fell within the scope of the Payment of Wages Act 1991 and argued mileage should reflect the shortest available distance. Adjudicator Christina Ryan adjourned the hearing to consider whether the complaints were statute-barred and whether mileage allowances constitute wages under the relevant legislation before addressing the substantive complaint. A decision will be issued in writing to both parties.
The High Court refused to grant Duddy Hospitality Ireland Holdings Limited, along with Brendan Duddy and Lawrence Duddy, injunctions restraining receivers from selling the IBIS Red Cow Hotel in Clondalkin, Dublin. Mr Justice Rory Mulcahy also declined orders preventing the UK-based Propiteer Group from appointing or removing directors of firms associated with the hotel. The judge determined that while the plaintiffs raised a serious issue, damages would be an adequate remedy, and the risk of injustice was not sufficient to warrant interim relief. The dispute centers on an alleged breach of 2020 settlement agreements regarding the division of jointly owned assets, including the hotel. The Duddy group claims the defendants, including Propiteer Ireland Holdings Limited, DADAC Ltd, Propiteer Ltd, Colin Sandy, and David Marshall, obstructed their acquisition of the hotel and wrongfully appointed insolvency practitioners Ken Fennell and Andrew O'Leary. The defendants deny all allegations of wrongdoing, breach, or obstruction, asserting that the settlement was superseded by a call option agreement due to the plaintiffs' failure to secure refinancing. The judge noted that both sides made allegations of misappropriation of funds, which were denied, and declined to draw conclusions on 'clean hands' or delay at this stage. The matter was adjourned and will return before the court later this month for an early hearing.
In a 2024 Supreme Court ruling, the court declared a section of the 2019 Judicial Council Act that allows judges to set personal injury award guidelines unconstitutional, citing conflict with judicial independence. However, the court held that the guidelines adopted in 2021 were independently ratified by the Oireachtas under the 2021 Family Leave and Miscellaneous Provisions Act and therefore remain legally enforceable. The decision dismissed most of Bridget Delaney's appeal against the High Court's rejection of her judicial review, while granting her a declaration that the contested Act section is unconstitutional. The court also affirmed that the Personal Injuries Assessment Board (PIAB) acted lawfully in applying the 2021 guidelines to Delaney's claim. Delaney's legal costs were to be paid by Ireland and the Attorney General, with PIAB covering its own costs. The ruling clarified that any future changes to the guidelines would require new legislation by the Oireachtas.
Padraig Thornton Waste Disposal Limited, trading as Thorntons Recycling, was fined €60,000 by the Dublin Circuit Criminal Court for health and safety breaches that led to the death of employee Tomasz Orzel in 2020. The court heard that a bin‑lifting lorry used by the company was defective and unsafe on 19 March 2020. The vehicle's footboards, on which workers stood, were damaged, and a proximity sensor switch designed to prevent reversing while the footboards were down had been interfered with by plastic cable ties, aluminium pull rings and additional wiring that shorted the system. The switch's failure allowed the lorry to reverse and strike Orzel. Thorntons pleaded guilty to failing to manage and maintain the vehicle, breaching the Safety, Health and Welfare at Work Act 2005 and related regulations. The company, founded in 1979 and employing 800 people, has since reviewed its vehicle monitoring procedures.
The Workplace Relations Commission found that the evidence supplied by migrant fishermen Mohamed Shokr Ghonim and Khaled Elagamy, including Naval Service tracking data, was insufficient to support their claims of working 20 hours a day on the Dublin‑based prawn boat Nausicaa. The tribunal awarded each fisherman €3,500 for breaches of the Organisation of Working Time Act and €1,000 for breaches of the Terms of Employment (Information) Act, but rejected their claims for unpaid minimum wage arrears of €61,649.96 and €65,326.31. The fishermen alleged that they worked up to 20 hours a day, averaging 17 hours at sea, and that the vessel's logs showed discrepancies between recorded times and actual work. The owner, Richard Brannigan, denied the wage claims, arguing that the boat could only operate nine or ten days at sea and that the maximum working day was ten to twelve hours.
A former employee of Yeomanstown Stud, Gillian Keane, is before the Workplace Relations Commission alleging unfair dismissal and workplace bullying. Keane claims she was treated aggressively by an office manager and that the work environment was hostile, citing a "dreadful atmosphere" that forced her to wear headphones. She also says she was denied access to online banking after her return from sick leave, and that a ledger was "out by €11 million." The stud's owners, Rolline and David O'Callaghan, deny the allegations, stating Keane was aggressive on 1 November and that she had a history of material mistakes. They argue she was offered a severance package of two months' wages, which Keane disputes, saying she only received a written agreement on 17 November. The case will be heard by adjudicator Conor Stokes on a future date.
The Workplace Relations Commission has ordered Pharmtrans Direct Ltd to pay nearly €90,000 to twelve former drivers for multiple employment law breaches, including nonpayment of wages and unfair dismissal. The hearing concluded with adjudicator Catherine Byrne finding that the company's closure on 16 June 2023 was "completely disorganised" and that director Barry Saul's "failure to act responsibly" caused stress for the workers. Mr. Saul, who stated he had "no money to pay" due to a Revenue diversion of a €97,000 invoice, was criticised for dismissing staff on their payday without notice. The Commission upheld unfair dismissal complaints by eight employees with sufficient service, awarding loss of earnings between €1,384.60 and €3,000. Six employees qualified for statutory redundancy, receiving lump sums totaling €21,914.91, subject to Department of Social Protection confirmation. Additionally, Pharmtrans Direct was directed to pay €38,400.59 in outstanding net wages and holiday pay, and €9,313.30 in notice pay to eleven drivers. The total order amounts to €88,477.72. The complaints were brought by drivers including John Hayden, Shay Brady, and Michael Cahill, who testified that they were informed of the closure by their main client, Uniphar, after being promised a temporary wage payment.
In a decision by the Workplace Relations Commission, Ur Insurances (Europe) Ltd, trading as Actual Insurances, was found to have no basis for claiming that salesman Alan Rooney owed the company nearly €5,000 in commission. Rooney had resigned in February 2023, and the company had deducted the entire net amount of his final month's gross salary of €2,500, citing a supposed overpayment of commissions. Rooney argued the deduction was unlawful and that the company had not overpaid him at any time. The commission noted that the company had processed the payment through payroll, paid income tax, and then deducted €2,138.58 from his net salary. The adjudicator, David James Murphy, concluded that Rooney was entitled to his full net wages and ordered the company to pay him €2,138.58 for February 2023.
Brian Fitzpatrick, a senior executive at Bocomm Aviation Leasing Ireland, settled a High Court dispute with his employer over a claim that the company demanded he stop working from home and instead work from its Dublin office several days a week. Fitzpatrick, who had been working remotely from his home in Danganbrack, Quin, Co Clare for years, said the company had never objected to this arrangement before the alleged demand. He also alleged that the company wrongfully refused to pay him his six‑figure annual bonus. Fitzpatrick sought an injunction to prevent the employer from imposing sanctions, to halt a purported investigation, and to stop interference with his employment terms, as well as an order for full payment of salary and benefits. The case, first heard in February, was adjourned repeatedly for settlement talks.
The High Court heard that World Diamond Group SPA (WDG) sought an injunction against Shuwan Li, trading as Empress Fine Jewels, alleging her refusal to return a consignment of goods worth €585,000. WDG, represented by Barney Quirke SC, claimed the commercial relationship broke down after the defendants allegedly owed large sums for supplied goods. The plaintiff's CEO, Castrenze Giuliano, accepted an intimate relationship with Ms. Li existed but maintained the proceedings were strictly commercial, not related to the relationship's end. Ms. Li, represented by Peter Shanley BL, strongly rejected wrongdoing, arguing the action was motivated by the end of a four-year romantic relationship and that the injunction would prejudice her business, as the goods constitute 40% of her stock. WDG also sought an order for 77 items of jewellery to be held by an independent stakeholder, alleging threats during a store inspection. Mr Justice David Nolan refused both applications to vacate the injunction or order the stakeholder arrangement, citing insufficient financial information from the defendants and concerns over the inspection allegations. He determined the existing temporary injunction sufficiently protected WDG's position, noting any breach would constitute contempt. The judge emphasized he was not making a final determination on the complex dispute. The matter was adjourned to a date in April.
In a High Court hearing on 21 March 2024, TD Marc MacSharry, who has represented Sligo‑Leitrim since 2016 as an independent, settled his action against the Standards in Public Office Commission (SIPO). MacSharry had claimed that SIPO unlawfully processed and disclosed his personal data, violating the EU General Data Protection Regulation, the 2018 Data Protection Act, and the 2014 Freedom of Information Act. The court granted several declarations in his favour, stating that SIPO had processed his data in contravention of Article 6 of the 2018 Act and had unlawfully disclosed confidential information in breach of the Freedom of Information Act. It also declared that SIPO had breached MacSharry's constitutional and European Convention on Human Rights rights to privacy and confidence. MacSharry will be paid his legal costs, and the proceedings were struck out following the settlement, which remains confidential. The defendant, represented by Gary Compton BL, consented to the orders and declarations.
Telecoms company Eir has abandoned its intention to appeal a landmark decision by the Workplace Relations Commission (WRC) that ordered the reinstatement of 65‑year‑old Thomas Doolin, who had been forced into retirement last year. The WRC's ruling was the first time the tribunal invoked its power to direct a company to reinstate a worker under the Employment Equality Act 1998. While no compensation was awarded, the order required Eir to pay Doolin his salary for the period he was out of work, from 1 July to 30 November 2023. Doolin, who represented himself, claimed the mandatory retirement was unfair, whereas Eir argued it was justified on health and safety grounds and for succession planning. The WRC adjudicator, Breiffni O'Neill, found those reasons did not apply to Doolin, who worked exclusively in‑office in a small, non‑strategic IT department.
The chief executive of Cognito HRM Ltd, trading as WorkCompass, admitted that the company could not pay the €2,125 contractual notice pay owed to former business development manager Amy Horgan after the firm lost funding from Enterprise Ireland. Horgan, who was dismissed on 29 June 2023, had been given only a one‑week notice instead of the four weeks required by her contract. She also claimed an additional €1,997.99 in unpaid commission. The CEO, Denis Coleman, acknowledged that the notice period was due but stated the company had no funds to pay it. Horgan's back wages were eventually paid from the CEO's personal account, and she received her final pay packet, including accrued holiday pay, almost a month late. The Workplace Relations Commission is set to issue a decision in writing.
A former Supermac's area manager, Peter Straka, claims he was stripped of duties, ostracised by senior colleagues and ultimately demoted after a disagreement with owner Pat McDonagh over alleged non‑payment of staff during the first Covid‑19 lockdown in 2020. Straka says he raised concerns via email between 29 April and 11 May 2020, and that McDonagh met with him on 12 May to express dissatisfaction with his view. Straka alleges that following this meeting he was excluded from meetings, had his role diminished and was demoted in January 2023, which he refused, leading to his dismissal. Supermac's denies the claim and says it has no knowledge of any penalisation under the Protected Disclosures Act 2014. The case is being heard at the Workplace Relations Commission, with several of Straka's complaints identified as duplicates and withdrawn, and the remaining complaints to be heard jointly at a later date.
The Workplace Relations Commission has determined that compensation paid under the State's Brexit scrappage scheme does not satisfy statutory redundancy obligations. Seven migrant fishermen employed by Millbay Fishing Company Ltd challenged the company's refusal to pay redundancy entitlements after their vessels were decommissioned in 2022. The company had received €2 million in public funding for scrapping the St Clair and St Rose trawlers and provided the workers with €1,000 per year of service under the scheme's terms. The company argued such payments constituted redundancy compensation and that additional statutory payments would unfairly advantage non-EU workers over Irish and EU fishermen paid through catch-sharing arrangements. Adjudicator Jim Dolan found no scheme documentation supported this interpretation and upheld all seven complaints. Millbay Fishing Company Ltd must now pay the workers combined statutory redundancy totalling €42,000. The case was heard at the Workplace Relations Commission.
An Italian diamond distributor, World Diamond Group SPA, obtained a temporary High Court injunction against Shuwan Li, trading as Empress Fine Jewels, to stop the sale or distribution of over €500,000 worth of jewels. The injunction was granted ex‑parte by Mr Justice David Nolan after the parties' commercial relationship collapsed. WDG alleges Li failed to return a consignment valued at €585,000 and that the defendants owe large sums for goods supplied. The court heard that negotiations had taken place, but WDG was concerned about the repayment method and ended the relationship, demanding the return of the goods. WDG seeks an order for the return of the consignment, damages, a declaration of ownership, and a separate €155,000 judgment for other goods. The defendants have disputed the debt amount and the deadlines for return, and the case will return to the High Court next week.
The owners of the Fota Island resort and other luxury hotels in Cork have secured temporary freezing orders against former directors Xiu Xiang Kelly and her son Tuo Du. The High Court granted the orders after Mr Yuzhu Kang, a Chinese businessman who had previously resolved a dispute over the resorts, alleged that the directors defrauded the companies of more than €1.8 million. Mr Kang claims the directors received €1.5 million for artworks and furniture that were worth far less, and that €246,000 was paid for sham redundancies in 2021. He also cites an unpaid €125,000 loan to Ms Kelly. The court ordered that Ms Kelly's assets not fall below €1.85 million and Mr Du's not below €1.7 million, pending further proceedings. The case remains at the temporary injunction stage, with the matter set to return to court early next week.
In a High Court trademark dispute, Hitianland Limited, trading as 'Xi'an Street Food', sued IR Entertainment Limited over its planned restaurant 'Meet Xi'an' in Dublin 7. Hitianland alleged that the name and a logo with Chinese characters would infringe its registered trademark and cause confusion with its existing restaurants. The case was adjourned for out‑of‑court settlement talks. When it returned before Mr Justice Mark Sanfey, the parties agreed to a settlement: the new restaurant will operate under the name 'Biang Biang' on Little Mary Street, and the proceedings were struck out. The settlement was reached with the consent of both parties, and no damages or injunctions were imposed. The dispute centred on the use of a similar name and logo in a nearby area, which Hitianland claimed could damage its goodwill and reputation. The case was therefore resolved without a court order.
Jennifer Byrne, an administrator with Dublin Car Care Ltd, was awarded over €21,000 by the Workplace Relations Commission after her employer ceased trading and became uncontactable. Ms Byrne, who worked for the company from 2002 to March 2023, claimed statutory redundancy entitlements under the Redundancy Payments Act 1967 and notice pay under the Minimum Notice and Terms of Employment Act 1994. She alleged that her employer stopped responding to communications in late January 2023, closed the business, and may have left for Dubai. Her pay ceased on 9 March 2023. Adjudicator Eileen Campbell noted that the employer, who had been properly served with notice, did not appear at the hearing. The tribunal found that Dublin Car Care Ltd had ceased trading and that Ms Byrne was redundant. Consequently, the adjudicator ordered a statutory redundancy payment of just over €18,000, subject to confirmation of PRSI contributions by the Department of Social Protection. Additionally, the adjudicator awarded €3,322.48 for eight weeks' notice pay, finding the employer in breach of the Minimum Notice and Terms of Employment Act 1994. The decision was made at the hearing stage, with the employer absent.
During a High Court hearing on 14 March 2024, the plaintiff company, Total Experience Limited trading as Pastures New Accommodation, presented evidence that a protest at its Newhall site in Naas, Co. Kildare, had ended after a temporary injunction was granted. The company, contracted by the State to provide 985 beds in 387 cabins for Ukrainian refugees, claimed that up to 50 protesters had blocked entrances for 24 hours, creating a nuisance and safety risk. The injunction, obtained ex‑parte, restrained the protesters from obstructing the site. The plaintiff sought to adjourn the proceedings and was granted permission to return if necessary. A concerned citizen, Mr Chris McCormack, addressed the court, voicing local residents' worries that the development would become a "village of 1,000 people" and that a similar facility had been used for "100 people from the third world" without documents.
The High Court heard an urgent application by US firm Drink Command America LLC, seeking an order compelling Irish company Drink Command Limited to mediate a dispute over the termination of a distribution agreement for self-serving drink dispensers. Counsel for the plaintiff alleged that the defendant unilaterally ended the agreement, which had been in operation since 2020, and failed to observe the contractual dispute resolution mechanism requiring mediation. The plaintiff claimed this breach caused irreparable damage and sought an order restraining the defendant from refusing its duties pending mediation. The court heard that the dispute stemmed from differences between Doirt Limited, a firm related to the plaintiff's owners, and the defendant's other Irish-based shareholders, Mr Donal Lynch and Mr Gary Clowry. These alleged differences involved funding, director appointments, IT access, and intellectual property retention. The plaintiff contended that the defendant's actions were aimed at improving the position of the Irish-based shareholders in negotiations. Mr Justice Mark Sanfey accepted the matter was urgent and granted the plaintiff permission, on an ex-parte basis, to serve short notice of its application on the defendant. However, the judge expressed concerns about making an order requiring one party to attend mediation. The matter was adjourned and will return before the court later this month.
A staffing agency at Dublin Port, North Quay Associates Ltd, became the first company in Ireland found in breach of the Sick Leave Act 2022. The Workplace Relations Commission ordered the firm to pay €450 to worker Michael Broderick after he complained that he had not received the statutory 70% of wages for three days of sick leave in July 2023, subject to a €110‑a‑day cap. Broderick also claimed the payments made were inaccurate and that he had been penalised for asserting his entitlement. North Quay's human‑resources consultant Ken Stafford admitted the company had failed to comply with the law and had since made good on the shortfall. The adjudicator, Penelope McGrath, noted the employer had not fully grasped the legislation's implications and that a clear policy was needed. She awarded Broderick €450 in compensation, describing it as just and equitable.
In a Workplace Relations Commission ruling, former Bidvest Noonan cleaning employee Rodica Buga was awarded a €20,000 statutory redundancy payment after her employer dismissed her safety concerns about walking to her car on a public street at 2 am in the Dublin Docklands. Buga, who had worked for the firm for nearly 20 years, had declined a redeployment offer to State Street offices in Dublin 2, citing the lack of secure parking and the risk of walking to her car at night. The adjudicator described the employer's response as "appalling" and noted that Buga's concerns were ignored despite a prior murder of a colleague in the same area. The decision awarded Buga a redundancy package based on 19 years and seven months of service, with a weekly termination pay of €500, totaling roughly €20,000, subject to PRSI confirmation. No notice pay was awarded. The case highlights the employer's failure to address legitimate health and safety concerns.
Norman Tanju, a development chef with PBR Restaurants Ltd, claimed constructive dismissal after the company attempted to shift him from weekday head‑office work to weekend shifts at a restaurant, subjected him to bullying during a stress‑related sick leave, and failed to address his complaints. He resigned in November 2022 after the firm deemed his absence unauthorised and threatened disciplinary action. Tanju argued the employer breached his contract by not giving 28 days' notice of the change and by altering his working pattern without consent. The WRC found the grievance handling inadequate and unfair, concluding Tanju had met the constructive dismissal threshold. He was awarded €13,269 for lost earnings and continuing losses. The case was interrupted by a hoax bomb threat that caused an evacuation of the hearing venue but had no connection to Tanju's claim. The matter was later heard in full.
The High Court has granted Martin Mahoney, a retired man from Wexford, permission to challenge the Financial Services and Pensions Ombudsman's refusal to investigate his complaint regarding loans allegedly mis-sold by Allied Irish Bank. Mr Mahoney, represented by Gary McCarthy SC, Andrew Walker SC, and Brendan Hennessy BL, contends that the Ombudsman's decision not to investigate his 2021 complaint is unlawful. He alleges that AIB mis-sold him two loans taken out in 2005 and 2008, which he claims were unsuitable and contrary to EU consumer law because they extended beyond his mandatory retirement date. The Ombudsman initially cited an alleged fraud claim as a barrier, which Mr Mahoney subsequently withdrew, before ultimately stating in November that it lacked jurisdiction and the complaint was time-barred. Mr Mahoney argues this refusal is irrational, unreasonable, and inconsistent with previous Ombudsman decisions. Allied Irish Bank PLC is a notice party to the action. Ms Justice Niamh Hyland granted the plaintiff permission to bring the action on an ex-parte basis. The matter was adjourned and will return before the court in April.
In a Dublin District Court hearing, an enforcement order was issued against a massage parlour that had been found to have subjected a worker to egregious sexual harassment. The court awarded the worker a record whistleblower penalisation of €91,000, the maximum under the Workplace Relations Commission's jurisdiction, along with additional sums for unfair dismissal and other workplace rights breaches, bringing the total to €102,550. The massage parlour's owner, who was not present, had failed to pay the award by the 56‑day deadline and remains in operation. The court also ordered the payment of legal costs and court fees, and granted anonymity for the parties involved. The case highlighted the worker's claims that managers pressured her to provide sexual services, denied her pay, and retaliated against her refusal, leading to her dismissal and unpaid wages.
In a landmark High Court ruling, Justice Emily Egan held that the noise from the Ballyduff Windfarm at Kilcomb, near Enniscorthy, constitutes an unreasonable interference and therefore a nuisance to neighbouring residents. The decision, the first private nuisance claim against wind turbine noise in Ireland or the UK, found that the sustained periods of high‑level noise, especially in the evenings, weekends and early mornings, substantially interfered with the plaintiffs' enjoyment of their homes. The plaintiffs, Margret Webster and Keith Rollo, and Ross Shorten and Joan Carty, sued Meenacloghspar (Wind) Limited for damages, alleging the noise had damaged their lives, health and property values. The court rejected the defendant's claims of negligence and of non‑breach of planning conditions, and directed the parties to re‑engage in mediation to seek proportionate mitigation measures. The case will proceed to a second module to determine damages and possible injunctions. The hearing lasted 51 days and the costs are estimated above €1 million.
The Workplace Relations Commission adjourned the hearing on the statutory complaints lodged by whistleblower Lois West until 16 April. The case, which involves allegations that West, a former deputy head of the Garda Siochána Analysis Service, was demoted and that the force mishandled her complaints of bullying and sexual harassment, is being heard by adjudicator Roger McGrath. West's legal team, led by David Byrnes BL, has requested that the tribunal allow her to respond to new documents, citing her fragile state of mind and inability to give evidence remotely or in person. The tribunal has heard that West's complaints were initially investigated under the Garda protected disclosures policy but were later moved to a dignity at work process after the senior official involved resigned. The hearing will resume on 16 April. The complaints are under the Protected Disclosures Act 2014, the Safety, Health and Welfare at Work Act 2005 and the Payment of Wages Act 1991.
In a 2024 Supreme Court ruling, the court held that the High Court erred in granting an injunction that restrained Unite the Union from industrial action against H.A O'Neill Limited. The injunction, obtained after a union ballot and a first strike, had been based on the company's claim that the union's action was unlawful and that a valid trade dispute did not exist. The Supreme Court, in a unanimous decision, found that the 1990 Industrial Relations Act provides an absolute bar to such injunctions when the union is registered, the ballot favours action, and the employer has been given at least a week's notice. The court noted that the relevant sectoral employment order had been quashed and that the injunction should not have been granted. The case will return for final orders later this month.
The High Court heard that a protest at a new Ukrainian refugee accommodation site in Newhall, Naas, Co Kildare, has "de‑escalated". Total Experience Limited, trading as Pastures New Accommodation, was building emergency accommodation for hundreds of Ukrainian refugees and had obtained a temporary injunction to stop protesters from blocking the site's entrances. The plaintiff's lawyers said that, despite the injunction, a campsite had been erected by protesters, which they alleged was trespassing. Counsel for the plaintiff reported that the campsite had been removed overnight, reducing the urgency of the matter. The court agreed to adjourn the case to the following Thursday, keeping the injunction in place. No protesters attended the adjourned hearing, and the plaintiff's application to amend the proceedings was postponed. The injunction remains in force while the case is pending.
Lois West, a civilian analyst in the Garda Siochána Analytics Service, claims she faced intense pressure and harassment to approve a one‑sided report from a review group that she said was a "flagrant attempt" to undermine the methodology that had flagged misclassification of homicide data. She says her line manager was physically confronted by a senior officer who told him to intervene, and that she was pressured to sign off on recommendations in May 2017. West has lodged statutory complaints against the Garda Commissioner, the Minister for Public Expenditure and Reform, and the government under the Protected Disclosures Act 2014 and the Safety, Health and Welfare at Work Act 2005, and a claim under the Payment of Wages Act. She alleges ongoing sexual harassment and continuing penalisation since she and colleague Laura Galligan began challenging homicide statistics in 2017. The case is currently before the Workplace Relations Commission, where evidence on her sexual harassment complaint will be heard.
The High Court heard that protesters continue to obstruct entrances to a refugee accommodation site in Naas, Co Kildare, despite a temporary injunction granted last week. Gary McCarthy SC, with Barry Mansfield BL, representing the applicant, Total Experience Limited trading as Pastures New Accommodation, told Mr Justice Oisin Quinn that the protest remains ongoing. Counsel alleged that while some protesters left, others erected a campsite at the entrance, preventing larger articulated lorries from accessing the site. The applicant claims the protesters are trespassing and requested to amend proceedings to address this alleged trespass, extend the previous order, and add the names of several identified individuals. The court heard the facility, contracted by the State to provide 985 beds, was scheduled to open this week but remains delayed. No defendants appeared or made representations. Mr Justice Quinn accepted the matter remained urgent and adjourned it to later this week. The applicant also alleged that protesters previously used tactics including human shields and parked cars to block access, constituting a nuisance. The company expressed concern over aggressive social media posts alleging threats of fire and sabotage, noting fears of escalation given previous incidents involving refugee accommodation.
The High Court has granted Ditch Media Limited permission to pursue judicial review proceedings against Donegal and Wicklow County Councils over their maintenance of public staff ethics registers. The media company claims both councils have failed to comply with obligations under the 2001 Local Government Act by declining to provide electronic copies of employee interest registers without significant charges. Donegal County Council offered to supply copies for €375, whilst Wicklow County Council quoted €152.94 excluding postage. Ditch Media contends that other local authorities, including Mayo and Clare County Councils, have provided comparable registers electronically at no cost. The applicant company argues the councils have unlawfully withheld information of public interest and that the charges are unreasonable and disproportionate. Ms Justice Niamh Hyland granted permission for the proceedings on an ex-parte basis on Monday. The company seeks declarations that the councils have misinterpreted what constitutes a register and have erred in their construction of the 2001 Act. Both cases will return to court next month.
The High Court appointed Ken Fennell and Eamonn Richardson of Interpath Advisory as joint provisional liquidators for Pressing Matters Limited, trading as Dublin Vinyl, Ireland's sole vinyl record manufacturer. The court heard the company, founded in 2016, employs 22 full‑time staff and four contractors and supplies records to major labels, including artists such as Taylor Swift. Pressing Matters has suffered significant losses in 2002 and 2023, citing the Covid‑19 pandemic, Brexit, the Ukraine war, the loss of a major contract and delays in the delivery of pressing machines. The company's directors petitioned for liquidation, arguing that an orderly winding‑up would best serve employees and creditors. Mr Justice Oisin Quinn confirmed the company's insolvency, granted the liquidators powers, and adjourned the case to April, noting the firm's liabilities exceed its assets by €1.9 million.
Mark Wells, a former Shopify employee, was made redundant on 26 July 2023 after he raised a grievance alleging misandrist abuse from a customer and discrimination by female team leads. Wells had filed several statutory complaints against Shopify International Ltd, but only pursued a victimisation claim under the Employment Equality Act 1998 when his case was called in June 2024. The tribunal heard that a customer had used foul language, made wild accusations of domestic abuse, and sent racist, sexist and harassing emails to the firm. Wells' internal grievance, rejected in May 2021, was upheld on appeal later that summer. He claimed he was blamed for the abuse and treated differently because he was male. After a second grievance in June 2022, disciplinary proceedings were launched but stopped on 18 July 2023. Wells' second grievance was rejected on 25 July 2023, and he was notified of redundancy the following day.
In March 2024 the Workplace Relations Commission dismissed 61 test cases brought by 181 hospital consultants who alleged age‑based discrimination after austerity‑era contracts cut their pay by 30 % compared with senior colleagues. The Irish Hospital Consultants Association had lodged nearly a thousand statutory complaints under the Employment Equality Act 1998 in 2019, and the tribunal considered the cases in hearings from November 2022 to September 2023. The commission found that the pay differential was due to the date of appointment, not age, and that the 30 % cut applied only to new entrants after 1 October 2012. The decision, issued this morning, rejected all claims and left the doctors with the option to continue under the lower pay or accept a higher‑pay SláinteCare contract. The IHCA said it would not comment on the ruling and the claimants may appeal to the Labour Court before the end of the month.
A company building emergency accommodation for Ukrainian refugees in Newhall, Naas, Co Kildare, has obtained a temporary High Court injunction to stop protesters from blocking the site's entrances. Total Experience Limited, trading as Pastures New Accommodation, claims that up to 50 protesters have been preventing people and vehicles from entering or leaving the site by forming a "human shield" and parking cars in front of the entrances. The company says these actions amount to nuisance and unreasonable interference, and that the blockade could delay the completion of the facility, which is 90% finished and expected to be ready by early March. Mr Justice Mark Sanfey granted the injunction on an ex‑parte basis, restraining two identified protesters, Noreen O'Shea and Jessica McLoughlin, and against unknown persons who are also alleged to be obstructing the entrances. The injunction is temporary and the case is set to return to court next week.
In February 2024 the Employment Tribunal awarded €30,000 to former Homesavers manager Darell Donnelly after he claimed he was pressured to obstruct Gardaí and health inspectors during a severe mouse infestation at the City East retail park store in Limerick. Donnelly said the infestation was so severe in 2022 that it triggered the alarm at night and that three managers spent three hours each morning cleaning droppings and urine. He alleged that the store's commercial manager told him the matter was "out of his hands" and that he was instructed to keep cleaning while pest control experts recommended fumigation. Donnelly also claimed the commercial manager prevented him from allowing inspectors into the premises and threatened to prosecute him for refusing access to pest‑control records. The tribunal found Donnelly's complaints were protected under the Safety, Health and Welfare at Work Act 2005 and that the company's actions, including a forced transfer to Nenagh, constituted detrimental treatment.
The High Court heard that Alexandr Vakiy and Max Bulgakov, former partners, directors and shareholders of Maxala Limited and EastDeli Limited, have fallen out over irreconcilable differences, partly due to the 2022 Russia‑Ukraine war. Vakiy, represented by Bernard Dunleavy SC and Naill Ó hUiginn BL, has brought proceedings under the 2014 Companies Act, alleging oppression as a shareholder by Bulgakov. Bulgakov, represented by Martin Hayden SC and Brian Walker BL, denies wrongdoing. Vakiy has applied for an injunction preventing Bulgakov from transferring money from the companies' bank accounts without 72‑hour notice and an invoice to substantiate such transfers. He also seeks access to the businesses' digital platforms and login credentials to participate in the Deposit Return Scheme. The court was told that the parties have agreed to give each other cross‑undertakings, including 72‑hour notice of payments and access to online facilities, and that the dispute will go to mediation.
Daniel O'Connell, 42, pleaded guilty to possession of heroin for sale or supply on 8 March 2022 at his Cherry Orchard Park home. Gardaí searched the property and found a white plastic bag in an upstairs bedroom containing 113 g of diamorphine, valued at €15,904. O'Connell was not present during the search but later contacted the police, stating he was holding the drugs on behalf of a third party to reduce a €5,000 drug debt. He claimed he had been holding the heroin for two weeks, was unaware of its weight, and was threatened at the time. He said it would be the "first and clearly the last time" he would hold drugs. O'Connell has 19 prior convictions, mainly for traffic offences, and three drug offences. He has a history of addiction, has engaged in rehabilitation, and has a job offer after completing an up‑skilling programme.
Brendan Ogle is testifying in a Workplace Relations Commission hearing that Unite's former chairman, Tony Woodhouse, defamed him during a 2022 conference by claiming "lies were being told" about the union on social media. Ogle says the remarks were made after his wife, Unite official Amanda La Combre, posted on Facebook about his return to work from cancer treatment, which was reported by the Irish and British press. He alleges Woodhouse's comments were made without naming him and that they were part of a broader pattern of defamation. Ogle has filed a defamation claim against Woodhouse and has been warned not to discuss his evidence with anyone. The hearing is adjourned for the night, with cross‑examination to resume later. The case remains an ongoing complaint under the Employment Equality Act 1998.
In a Workplace Relations Commission hearing, Templeogue College principal Niamh Quinn will deny retaliating against former teacher Jennifer Clancy, who had signed a grievance about student indiscipline. Quinn will argue that she did not target Clancy personally and that any disciplinary action was unrelated to the grievance. She will also contest claims that a student who threw a mobile phone at a teacher was only internally suspended, and that a student filmed a teacher's backside, stating no evidence was found. Quinn will explain that the timetable change offered to Clancy in September 2022, which shifted her to afternoon classes, was an administrative adjustment, not a punitive measure, and that Clancy was not approved for a permanent contract at that time. The hearing is adjourned to 24 April for further evidence. The case involves complaints under the Protected Disclosures Act and the Health and Safety at Work Act.
Patrick Kinsella secured a temporary High Court injunction that stops Everyday Finance Designated Company and joint receivers Andrew Dolliver and Luke Charleton of EY from auctioning a house in Orristown, Killinick, Co Wexford. Kinsella, who co‑owns the property with his former wife and whose son lives there, argues the receivers were not validly appointed, lack a power of sale and have no right to possess the house. He maintains that their only lawful activity is collecting rent. Kinsella's case stems from a €270,000 loan taken in 2007, later transferred to a family business that failed, and subsequently acquired by Everyday in 2019. He claims Everyday unlawfully demanded full repayment of €213,000 in 2021, leading to the receivers' appointment in 2022. The court, deeming the auction urgent and "extraordinary" with tenants present, granted the injunction, and the matter will return next week.
The High Court has granted Tumblr permission to challenge a decision by Coimisiún Na Mean that classifies it as a video‑sharing platform service (VSPS) under a new online safety code. Tumblr argues it is not a VSPS, claiming its video content is minimal and that the Commission failed to consider data it supplied. The court set a hearing for May, after a similar challenge by Reddit, and noted the cases should not be heard together due to legal differences and service types. Tumblr seeks orders quashing the December 28 decision, declarations that the decision is invalid, misapplies EU law and the 2009 Broadcasting Act, and is incompatible with the EU Charter of Fundamental Rights. The Commission is expected to contest both matters.
In a Workplace Relations Commission hearing, Jasmine Olaru, an 18‑year‑old teenage worker at a Domino's Pizza shop in Dublin, alleged that the deputy manager gave her a name badge featuring a pair of breasts and repeatedly threatened her with a shovel, suggested she create pornographic content, and asked if he could watch her change. She also claimed that delivery drivers propositioned her for sex and that a shift manager told her she could masturbate later. Olaru said the shop's environment was highly sexualised, with men often shouting at women on the street. She reported that the store manager was absent for six weeks in July and August 2022, during which time several incidents occurred. After resigning, she said she was clocked out early by managers, which her lawyer argued was victimisation.
A US‑based Irish dancing teacher and adjudicator, Vinny O'Connor, obtained a temporary injunction from the High Court in Dublin that allows him to act as an examiner at an Irish dancing event in Boston this weekend. The injunction was sought because the governing body, An Coimisiún Le Rincí Galeacha, is based in Dublin and could prevent his participation. Mr O'Connor had earlier received a written warning from the body for breaching its code of conduct and social media guidelines, which bars him from adjudicating at major events for the sanction period. He argues that the warning does not prohibit him from serving as an examiner, a separate role. The judge, with some reluctance, granted the interim order after noting that exclusion would damage his reputation and that the body had not clarified the sanction's effect on his examiner duties. The order was granted ex‑parte and the case will return next week.
In a 2024 decision, the Workplace Relations Commission found that Centz Discount Retail Holdings Ltd had discriminated against former in‑house counsel Sarah Treacy on the basis of gender and disability, and had failed to pay her wages and provide a constructive dismissal. The tribunal noted that Treacy's pro‑rata salary was lower than that of a male solicitor, Mr X, at several points in 2020 and 2021, and that the company delayed a promised salary increase until October 2021. Treacy also claimed the firm refused her request to work from home after an ADHD diagnosis, instead offering an unsuitable cash‑office role. The tribunal described the grievance investigation as superficial and biased, and concluded that the employer's conduct was intolerable.
In a record‑setting decision, the Workplace Relations Commission ordered Hyph Ireland Ltd to pay its founder, Mick Kiely, €464,000 for unfair dismissal. The award includes €440,000 for loss of earnings over a 17‑month period and €24,000 for notice pay. Kiely, who had earned €340,000 a year as chief executive before being dismissed in 2021, claimed that the dismissal was contrived on the basis of a visa allegation and that he was locked out of company premises. The tribunal found the dismissal unfair, noted Kiely's rapid re‑establishment of a new business within 17 months, and concluded that the non‑compete clause limited his ability to mitigate losses. The decision surpassed the previous record award of €329,000 and is the highest dismissal award ever made by the WRC. The company admitted the contract was governed by Irish law and the dismissal was unfair.