Court archive

Stage Hearing Or Decision court reports

2024-01-12 · Wexford

Overworked Bord na Móna driver feared he would 'kill family in lorry', WRC hears

In a Workplace Relations Commission hearing, Daniel Picton, a Bord na Móna truck driver, alleged that he had been forced to work excessive hours and was denied the statutory 11‑hour rest between shifts. He claimed to have averaged nearly 50 hours a week for a year, with only one documented breach of the rest requirement in July 2023. Picton said he had repeatedly complained to management about fatigue, including a statement that he feared he might "kill a family in the lorry," but was told to continue the run. He said a manager threatened to take him to court and refused alternative working arrangements. Bord na Móna admitted "nominal" breaches of working‑time legislation but argued the violations were not routine and that Picton had voluntarily worked overtime. The adjudication officer will issue a written decision later.

2024-01-10 · Dublin

Bus driver sacked for twice using phone back working as taxi man, WRC hears

Yong Yue Wang, a former Dublin Bus driver, was dismissed in September 2022 after the company found he had used a mobile phone while driving twice in under a year, breaching its zero‑tolerance policy. The Workplace Relations Commission heard Wang's claim under the Unfair Dismissals Act 1977, seeking reinstatement. Wang had previously received a final written warning and a three‑day unpaid suspension for an earlier incident in November 2021. In July 2022, a chief inspector reported seeing Wang holding a phone while driving a 15B bus on Townsend Street; Wang maintained the phone was in his pocket or had fallen off the dashboard. The tribunal noted procedural concerns, including language barriers and the lack of CCTV evidence, and the adjudicator said a decision would be issued in weeks. Wang has since obtained a taxi licence and is earning about €700 a week.

2024-01-08 · Ireland

Migrant chef who borrowed money to come to Ireland had wages 'thrown on the floor', WRC told

A migrant chef, Jinxiu Zheng, who had borrowed money to work in Ireland, claimed he was subjected to humiliating and degrading treatment by restaurant operator Ming Feng Ltd. He said he was promised €15.78 an hour for a 39‑hour week but received only €300 in cash for 50‑60 hours of work, with minimal breaks. Zheng alleged that his employer questioned whether tax was paid on his behalf and threatened to cancel his work permit if he raised concerns. He also claimed he was forced to sign a resignation letter and that his last week's wages were thrown on the floor. The Workplace Relations Commission found discrimination on race grounds and harassment, awarding Zheng €15,000 for discrimination, €10,000 for harassment, €1,525 for minimum wage arrears, €250 for underpayment, and €1,800 for excessive hours and other breaches, totaling €28,275. The company denied the allegations and did not appear at the hearing.

2023-12-21 · Dublin

Banker who moonlighted in Dublin pub wins €25k for 'heartless' dismissal

Alan Ecock, a banking professional who had worked as a barman at Kavanagh's pub for nearly 30 years, was dismissed by the pub's owners in April for cost‑cutting. He claimed the dismissal was heartless and unlawful. Ecock had been employed full‑time by AIB since 1994 and worked two nights a week at the pub, a fact unknown to his bank colleagues. The pub's owners, the Peacock family, argued that Ecock was self‑employed and therefore not entitled to employment rights. The tribunal found Ecock was an employee under the Revenue code, and that the owners had breached the Unfair Dismissals Act by failing to consult or offer alternatives. Ecock was awarded €22,750 for unfair dismissal, €2,000 for lack of notice, and €1,000 for no written statement, totalling €25,750. The case was heard under the Unfair Dismissals Act 1977 and related statutes.

2023-12-21 · Dublin

Discrimination claim against landlord who asked tenant to move over safety concerns is rejected

In a 2023 Workplace Relations Commission hearing, landlord Brendan O'Brien successfully defended a discrimination claim brought by pregnant tenant Megan Kenna under the Equal Status Act 2000. Kenna alleged that her tenancy at an apartment in Howth, Co Dublin, was terminated because of her gender and family status, and that she and her husband were bullied and threatened. O'Brien argued that his request for Kenna to move to a different apartment was based on genuine health and safety concerns about a spiral staircase that could not safely accommodate a baby or a buggy. He offered alternative accommodation, which Kenna deemed unsuitable. The WRC disregarded secret recordings of meetings with O'Brien, noting that the recordings were made covertly and that the landlord's statements were not evidence of discrimination. The tribunal concluded that the landlord's actions were not discriminatory and rejected Kenna's statutory complaint.

2023-12-20 · Dublin

Developer says agents attacked at 'illegally occupied' Dublin properties

In a High Court hearing, Garvagh Homes Limited presented evidence that its agents were assaulted with bricks, rocks, delft and other objects while attempting to secure parts of properties it claims have been illegally occupied for months. The judge, Justice Rory Mulchay, had earlier granted an injunction requiring all alleged trespassers to vacate the properties, including a former carpet showroom, flats over disused commercial units and a garage on the North Circular and Phibsborough Roads in Dublin 7. The injunction applied immediately to the commercial sections, while a stay was placed on the residential part until 8 January. Garvagh's counsel sought to vary the order, arguing that the assault constituted an affray and that the residential area should be vacated immediately. The court accepted that some named defendants were not involved, but others, whose identities remain unknown, were throwing objects from the residential side.

2023-12-20 · Dublin

Pigeon hatchlings get pre-Christmas reprieve from cull

In a High Court case on 20 December 2023, a judge granted a temporary injunction lifting suspensions imposed on four members and officers of the Cabra Racing Pigeon Club. The suspensions were imposed by the Irish Homing Union Southern Region in October after the club's new committee, led by Daniel Boylan, requested documents from former committee members. The club's former members allegedly failed to provide the requested information and were accused of discussing a property developer's sale of the club's leasehold interest in exchange for a new clubhouse and a six‑figure sum. The four plaintiffs – Daniel Boylan, David Boylan, John Aylmer and Robert Timmons – claim the suspensions are wrongful and prevent them from registering or ringing new pigeon chicks, which would risk culling them. The judge, Mr Justice Mark Sanfey, issued the injunction ex‑parte, hoping the dispute could be resolved through mediation. The matter will return to the High Court in the New Year.

2023-12-20 · Ireland

Bus driver won't receive compensation over test that took him off road

A bus driver who claimed he was misdiagnosed with a heart condition and taken off the road by his employer's medical department will not receive compensation. The Workplace Relations Commission found the public transport company did not act unfairly, but urged it to give the driver extra paid leave days after he argued that a faulty cardiac test used up his sick pay. The driver, represented by the National Bus and Rail Union, said the ECG on 15 November 2022 had sensor difficulties and that he was told he had suffered a cardiac event, which shocked him and his family. He was taken off work, used up his paid sick leave, and returned to driving on 10 December after a second, clear ECG at a private clinic. The company maintained that its fitness-to-work assessments were reasonable and applied uniformly.

2023-12-19 · Cork

Coroner challenges decision that lands eligible for 'land hoarding tax'

Helen Lucey, Coroner for North Kerry, has filed a High Court challenge against An Bord Pleanala, the Minister for Housing and Local Government, and the Attorney General over the decision that lands in Tonafoa, Dunmanway, Co. Cork, are eligible for the Residential Zoned Land Tax (RZLT). Lucey inherited the lands from her late father and intended to seek planning permission to build houses or sell the land to a builder. A planning professional advised her that obtaining permission would be futile because Cork County Council is refusing all planning permissions in the Dunmanway area due to the local wastewater treatment plant's limited capacity. In March, the council added the lands to a map of RZLT sites, a decision Lucey appealed to An Bord Pleanala. The board dismissed her appeal and upheld the council's decision. Lucey now seeks judicial review, arguing the decision is unfair, unlawful, and irrational, and that the 2022 RZLT guidelines were issued without proper jurisdiction.

2023-12-19 · Tipperary

Marlfield House owner claims alleged trespassers holding up restoration

Joshua Wilson, owner of Marlfield House near Clonmel, sued in the High Court to stop about ten alleged trespassers from occupying the historic Palladian house and its 33 acres. Wilson says the defendants, who claim valid tenancies, are blocking renovation work and causing damage by littering, blocking drains and damaging the roof. He purchased the property in October after receivership and has been unable to access parts of the house for repairs, including a collapsed ceiling that he says poses a danger. Wilson alleges the house was divided into 14 units and eight chalets were built without planning permission, and that no valid tenancy agreements exist under the 2007 mortgage clause. The court, hearing the case on Tuesday, granted Wilson permission to serve short‑notice injunction papers and adjourned the matter to January, allowing an earlier return if needed.

2023-12-18 · Limerick

Manager who went without pay for a year wins €88k

In a Workplace Relations Commission hearing, Barbara Remic, former head of products and marketing at Suirsafe Technologies Ltd, secured an €88,000 award for unfair dismissal and breaches of wage law. Remic had agreed to a 50% pay cut in May 2022, reducing her salary from €180,000 to €7,500 a month, but the company stopped paying her in July 2022. She lodged complaints in December 2022 and resigned on 4 July 2023, claiming constructive dismissal. The tribunal found Suirsafe breached the Payment of Wages Act from October 2022 to June 2023, ordering payment of €67,500 for the unpaid salary, €10,384 for statutory annual leave, and €3,000 for breach of the Organisation of Working Time Act. The unfair dismissal award was €6,923, bringing the total to €87,807. The company's management did not attend the hearing.

2023-12-15 · Dublin

Developer entitled to vacant possession of D7 properties 'unlawfully taken over', being used for raves

In a High Court case, Garvagh Homes Limited, claiming ownership of several Dublin 7 properties, sought vacant possession after alleging unlawful occupation by trespassers who allegedly used the sites for raves, poetry readings, boxing, gigs and as a community centre. The developer, represented by Martin Hayden SC and Paul Fogarty BL, argued that the occupants had no legal right, that alcohol was sold, and that serious fire safety concerns existed, citing a Dublin City Council fire safety notice. Some residents denied the trespassing claims and said they had entitlement to reside there. The court, after hearing submissions, granted Garvagh an order requiring occupants to vacate the premises and cease trespassing, but imposed a stay until 8 January 2024 to allow residents time to find alternative accommodation. The judge also upheld previous prohibitions on commercial activities on the site and ordered a map to delineate commercial and residential areas. The case will return for confirmation of the injunctions.

2023-12-15 · Dublin

Bench warrant for serial offender who damaged Luke Kelly statue

A bench warrant was issued for Michael Dunne, 50, after he failed to attend sentencing at Dublin Circuit Criminal Court for a criminal damage offence involving the Luke Kelly statue, which was damaged with blue paint costing €240. Dunne, who has 51 prior convictions since 1986 including five for criminal damage, had previously pleaded guilty on 12 July 2020. The court had adjourned the case to allow preparation of reports, but when Dunne was absent and his lawyers could not contact him, Judge Orla Crowe issued the warrant. Garda David Kelly had identified Dunne from CCTV footage of the damage, and he had been arrested, though no further evidence was obtained. Dunne's defence lawyer, Katherine McGillicuddy, noted his long‑standing drug addiction and that he had received drugs as a reward for the act, and expressed sincere apologies for the offence. The case highlights the ongoing issue of repeated criminal behaviour and the impact on the local community.

2023-12-15 · Dublin

Meta 'unreservedly and sincerely' apologises to Janet Jackson's ex

Meta Platforms Ireland issued a formal apology to Wissam Al Mana, the former husband of Janet Jackson, over the publication of false advertisements that used his name and image without consent. The ads, posted by unknown third parties via Facebook's Ads Tool in 2019, were later removed. Mr Al Mana had sued Meta in Dublin in February 2020 for defamation and malicious falsehood, claiming the ads linked him to a cryptocurrency program he had no involvement with. In court, Meta's counsel read a statement acknowledging the harmful impact of the fake ads on Mr Al Mana's reputation, expressing sincere regret, and confirming that such advertisements have ceased. The settlement, approved by Mr Justice Mark Sanfey, included Meta's commitment to implement robust measures to prevent future misuse of personal data. No further settlement details were disclosed in open court. Mr Al Mana, an executive director of the Al Mana Group, remains concerned about potential future misuse of his image.

2023-12-15 · Ireland

'Genuine' landlord liable for 'minor' HAP discrimination

In a case heard by the Workplace Relations Commission, a landlord, Dr Rashid Karshan, was found liable for minor discrimination under the Equal Status Act 2000 after his maintenance man, referred to only as Mr G, told tenant Rachel Few that the landlord did not "do HAP" and behaved intimidatingly. Ms Few had requested that Mr G fill out HAP forms on 25 January 2023, but he was unenthusiastic and later claimed the landlord would accept HAP if a new letting agreement was signed. The tribunal noted that delays caused by Mr G and bureaucratic hurdles left Ms Few without HAP for February and March, costing an estimated €874. Dr Karshan denied any issue with HAP, stating he was willing to accept it but faced excessive queries from authorities. The adjudicator, Michael McEntee, upheld the complaint in part, describing Mr G's conduct as "minor discrimination" and holding Dr Karshan vicariously liable.

2023-12-14 · Dublin

Ruling in Russian aircraft case expected next week

The High Court will rule before Christmas on an application in the largest liquidation in the history of the State, aimed at preventing the Russian parent of two leasing firms from seizing ownership of about 37 highly valuable aircraft. Damien Murran and Julian Moroney, joint liquidators of Dublin‑registered GTLK Europe DAC and GTLK Europe Capital DAC, argue that the aircraft belong to the firms in liquidation and that the parent has no legal entitlement. They seek orders to set aside 'pledge agreements' that the parent claims give it ownership, and declarations that those agreements are void and unenforceable under Irish law, with the liquidators retaining title. The parent, owned by the Russian Federation, has not participated in the proceedings and claims it would not receive a fair hearing in Ireland, a claim rejected by the liquidators. Mr Justice Rory Mulcahy has reserved his decision and will give a ruling early next week.

2023-12-14 · Ireland

Action over school place for teen with special needs is resolved

In a High Court hearing on 14 December 2023, the case concerning a teenage boy with Autism Spectrum Disorder and a moderate intellectual disorder was resolved. The boy, whose identity is protected, had been unable to secure a suitable school placement and had brought judicial review proceedings against the Minister for Education and Skills, the National Council for Special Education and the Attorney General. Mr Michael Lynn SC, representing the boy, informed Ms Justice Niamh Hyland that an interim school place had been obtained following discussions between the parties. The court welcomed the settlement and noted that a more permanent, geographically convenient placement might be found in the future. The boy had previously been placed in a residential setting by the HSE, which had worked well but did not meet his educational needs.

2023-12-14 · Limerick

Google to provide Tánaiste with user information over crypto 'scam' ads

Google agreed to give Tánaiste Micheál Martin the names, email addresses and telephone numbers of accounts linked to defamatory "scam" adverts that used his image. The ads appeared on legitimate sites such as the Irish Times and Irish Independent and promoted a cryptocurrency scheme called "Immediate Edge." Martin, who is also Minister for Foreign Affairs and Defence, had obtained court permission to sue Google Ireland Ltd and its parent Google LLC for the identity of those behind the ads. The High Court, hearing the case on Thursday, ordered Google to provide the requested information within 21 days, including details of any financial accounts or services used to pay for the ads and IP addresses from which the accounts were accessed. Google will notify account owners before disclosing the data and will not be liable for any incorrect information.

2023-12-14 · Clare

Legal first as Eir ordered to reinstate worker (65) over age discrimination

Eir has been ordered by the Workplace Relations Commission to reinstate 65‑year‑old Thomas Doolin to his former role as a desktop support agent and to pay him for the period he was out of work from 1 July to 30 November. Doolin, who represented himself, claimed he was forced into retirement when he reached the company's mandatory retirement age of 65, a policy the company said was implemented in April 2020 to maintain an age balance and manage succession planning. The adjudicator, Breiffni O'Neill, found that Doolin's job was office‑based, that he had a strong relationship with the company, and that the retirement order was unfair. No compensation was awarded, but the reinstatement order entitles Doolin to his salary for the period he was unemployed. Eir has appealed the ruling to the Labour Court.

2023-12-14 · Dublin

Restaurant staff deny diner told them she had disability in 'obscenely loud' music case

In a Workplace Relations Commission hearing, Emily Brady, a hearing‑impaired diner, alleged that the Dublin restaurant 777 refused to lower its "obscenely loud" music to accommodate her disability. Brady claimed the manager, Pepé Rodriguez, said no and walked away when she asked for a quieter volume, and that the music was set to match the restaurant's vibe. The restaurant's staff, including waitress Christine Noguera, denied being told of Brady's disability, stating they only heard a request to lower the music. Brady insisted she had disclosed her hearing impairment twice, while the restaurant's solicitor argued that reasonable accommodation was provided and that Brady had not met the burden of proof. The adjudicator closed the hearing, with a decision to be issued in the new year.

2023-12-13 · Dublin

French film star can't provide Monaco with documents in €7m fraud case

In a High Court ruling, Mr Justice Rory Mulcahy denied lawyers for French film star Dany Boon the right to supply prosecutors in Monaco with documents related to an alleged €7m fraud. The judge held that Boon's lawyers had not proven that providing the documents complied with the proper administration of justice and that the two defendants, Asia Monaco Investments Ltd and Asia Monaco SARL, would not be unfairly prejudiced. The affidavits, sworn by Ms Xin Zhao, were not formally opened in court and were deemed public. Boon's case involves claims that he was defrauded by Mr Thierry Birles and associated entities, and he has secured various freezing and disclosure orders in Ireland. The defendants opposed the application, citing potential injustice, and the judge noted that had the affidavits been opened, the application would not have been necessary.

2023-12-13 · Ireland

Manager sacked over clash with employee who posted 'No Irish need apply' sign to receive €55k

A newly‑hired HR manager was dismissed while still on probation from an unnamed research foundation after a long‑serving employee, Ms X, refused to cooperate and posted large‑print signs in the reception area, including one that read "No Irish need apply." The manager, who was the only non‑Irish person on the administrative staff, claimed she was "steadfastly resisted" and that the board failed to support her during her probation review in October 2022. Ms X, described as a "law unto herself," had a history of rude and abusive behaviour toward senior board members and had previously encouraged women to be "aggressive, difficult and complicated." The Workplace Relations Commission found the dismissal unfair, noting that the posters were a form of harassment and that the board should have taken disciplinary action. The adjudicator, Michael McEntee, recommended the former employer pay the manager €55,000, equivalent to one year's salary, as compensation for the unfair dismissal.

2023-12-12 · Dublin

Developer challenges fire safety requirements for new city centre development

KC Capital Property Group Limited, developing a nine‑storey building on Cuffe Street, Dublin 2, has challenged a planning requirement that it must install certain fire safety measures. The developer argues that the conditions requiring a 120‑minute fire resistance for structural elements and a sprinkler system are only applicable to buildings 30 metres or taller, and that the proposed building is not that height. The developer appealed the Dublin City Council's decision to include these conditions to An Bord Pleanála, which dismissed the appeal and upheld the council's decision. KC Capital has now brought High Court judicial review proceedings, claiming the board's decision is unreasonable, irrational, contrary to fair procedures, and that it incorrectly concluded the building was 30 metres or more. The case was granted permission to proceed by Ms Justice Niamh Hyland on an ex‑parte basis and is scheduled to return to court in February.

2023-12-11 · Dublin

'No evidence' that Stardust fire started maliciously, lead garda investigator found

During the Stardust inquest, Detective Superintendent John Courtney presented evidence that, after reviewing over 1,600 statements from the night of the February 14, 1981 fire that killed 48 people, he found no evidence that the blaze was started maliciously. He explained that all 841 attendees and staff were interviewed, and that the four youths seen on the roof had no connection to the fire. Courtney also described the investigative process, noting that statements from those in the curtained area were checked and eliminated as suspects, and that no credible allegations of deliberate arson emerged. He read his testimony and 1981 Garda statements into the record, while other witnesses, including fire officers and survivors, provided accounts of the emergency response and the chaotic evacuation. The inquest will continue tomorrow.

2023-12-11 · Dublin

Fraudster given more time to reimburse student victims

Raul Rodriguez Ramirez, 36, was found guilty of defrauding 18 international students who paid him to secure English language courses in Dublin between June 2020 and June 2021. He used the money to invest in a restaurant that failed during the pandemic, rather than booking the students' courses. The students suffered financial loss, with each losing between €1,100 and €3,800, and endured hardship such as sleeping in a church doorway and being unable to travel home to see a dying mother. Ramirez pleaded guilty and has no prior convictions. Judge Orla Crowe adjourned sentencing to March 21 to allow him to gather the balance of €29,042 to reimburse the victims. He has been in Ireland since his arrest, relying on friends, and has expressed remorse, stating he intends to repay the students fully. The case was heard in the Dublin Circuit Criminal Court.

2023-12-11 · Ireland

'The Ditch' in High Court challenge over Taoiseach's donation statements

In a High Court judicial review, investigative website 'The Ditch' seeks to overturn a refusal by the Standards in Public Office Commission (SIPO) to provide the 2022 annual donation statement of Taoiseach Leo Varadkar before it is presented to the Houses of the Oireachtas. The Ditch claims it requested the statement in August 2023 and was denied, with SIPO arguing that providing the material would "hamper" its compliance function. The Ditch argues the refusal blocks its right under the 1997 Electoral Act to access donation statements and denies it fair procedures. It also seeks access to other politicians' 2022 donation statements. Represented by Michael Conlon SC, the Ditch requests the High Court to quash SIPO's refusal and declare that SIPO has erred in applying the Act. Justice Niamh Hyland granted the case to proceed, with a hearing scheduled for February.

2023-12-11 · Ireland

Challenge to decision to ban hunting of migratory ducks

The National Association of Regional Game Councils, represented by chairman John Butler, has filed a High Court challenge against the State's ban on hunting four migratory duck species – Scaup, Pochard, Goldeneye and Pintail – introduced by a statutory instrument under the 1976 Wildlife Act on 1 September. The association argues that the Minister for Housing, Local Government and Heritage made the decision without adequate evidence, failing to establish a reliable system for collecting and analysing bird population data. They claim the ban is irrational, disproportionate, and breaches legitimate expectations, and that it ignores economic, recreational, and conservation considerations. The applicants seek an order quashing the ban, a declaration that the State has not met data collection and conservation obligations, and reimbursement of legal costs. Ms Justice Niamh Hyland granted permission for the action on an ex‑parte basis; the case will return to the High Court in February.

2023-12-07 · Ireland

Carpenter branded 'trouble' and sacked over union membership wins €10k

A carpenter, Thomas Coffey, was dismissed by Cullenbridge Services Ltd (trading as Hollyfort Services) after a dispute over his pay rate. Coffey had agreed to €25.50 an hour in August 2022, but the company's commercial manager later claimed he was overpaid and should be paid €23 an hour. Coffey sought union intervention, and the union emailed the firm on 17 January. The next day, Coffey was told to leave the site and was dismissed. Internal emails revealed that the company viewed him as "trouble" and decided to sack him because of his union activity. The Workplace Relations Commission found the dismissal unfair, awarded Coffey €8,000 for lost earnings, ordered the company to pay €585 for a unilateral pay cut, and required payment of €1,101.16 in pension contributions plus a €500 compensation for the Industrial Relations Act breach. The total order was €10,186.16.

2023-12-06 · Dublin

Retired Civil Servants AGM to go ahead as motions on its management reworded

The AGM of the Retired Civil and Public Servants Association will take place on 12 December after a High Court case brought by trustees Mary Farrell, Frank O'Dwyer and Matthew Ryan was resolved. The trustees had claimed the governing council had refused to allow them to raise several motions on financial and corporate management, including travel expenses and audit matters, and said they were being "gagged". The council denied the claims. The court heard that after extensive out‑of‑court discussions the parties reached an agreement. The settlement allows the trustees' motions and a report to be re‑worded and presented at the AGM, and the order of business will be amended accordingly. The matter was adjourned for two weeks to implement the settlement, and the judge welcomed the outcome. The association, founded in 1945, has over 8,000 members from organisations such as An Post, Coillte and Teagasc.

2023-12-06 · Dublin

Injunction sought restraining sale of Dublin hotel

The Duddy Hospitality Group has applied to the High Court for an injunction to stop the sale of the IBIS hotel at Red Cow, Dublin, which is central to a dispute with the UK‑based Propiteer Group over alleged breaches of a 2020 settlement that divided joint venture assets. The Duddy group claims that receivers appointed by Propiteer issued a 30‑day notice to sell the hotel, a notice that would expire on 8 December, and that any sale before the overall action is resolved would damage the Duddy group's claims. The group also seeks orders preventing the receivers, Ken Fennell and Andrew O'Leary of Interpath Ireland, from acting over the hotel. The Duddy group alleges that Propiteer breached the settlement, attempted to remove directors from related companies, and acquired the hotel's debt, thereby preventing the Duddy group from taking ownership. Propiteer denies all wrongdoing. The application will return before the court on Thursday.

2023-12-05 · Cork

Michael Flatley's family forced to fee castle home over carcinogen, High Court told

In a High Court hearing, Michael Flatley, aged 65, and his family were forced to vacate their Castlehyde home in County Cork after tests revealed high levels of carcinogenic chloride residue from PVC combustion. Flatley claims the residue, left after a 2016 fire, was known to the contractor and insurers but was not disclosed or remedied properly. He alleges negligence, breach of health and safety, and property rights violations by the Austin Newport Group, insurers Am Amlin, AXA XL, Hamilton Managing Agency, and accountant David Cushion. Flatley seeks €25 million in damages and has also initiated separate medical negligence proceedings. The court granted him permission to serve the defendants and adjourned a request for an injunction to preserve documents, with the case to resume later. The matter remains an ongoing civil action.

2023-12-05 · Dublin

Russian leasing giant claims it won't get a fair hearing in Irish courts

The parent company of Russian State-owned GTLK has indicated it may not participate in legal proceedings initiated by liquidators appointed over its Dublin-registered subsidiary, citing concerns about receiving a fair hearing in Irish courts. Damien Murran and Julian Moroney, joint liquidators of GTLK Europe DAC and GTLK Europe Capital DAC, have filed an action to prevent the Joint Stock Company State Transport Leasing Company from claiming ownership of multiple aircraft. The liquidators argue that the aircraft belong to the firms in liquidation and that the parent company has no legal entitlement to the assets. Counsel for the liquidators, James Doherty SC, stated that Russian lawyers representing the parent company have informed them of their decision not to participate in the Irish proceedings. The liquidators dispute the claim that they would not receive a fair hearing, noting that Russian companies have previously participated in UK court actions. Mr Justice Mark Sanfey acknowledged the urgency of the matter and set a hearing for later this month, leaving the option open for the parent company to participate. The liquidators seek orders to set aside the pledge agreements, declaring them void and unenforceable under Irish law, and asserting their retention of title to the aircraft. The proceedings involve several GTLK group subsidiaries, with the pledge agreements governed by Russian law, though the liquidators and notice parties are based in Ireland. The firms were wound up earlier this year following an application by four creditors who claimed they were owed over US$178m/€162.5m. The financial difficulties of the firms are attributed to economic sanctions imposed on Russian entities following Russia's invasion of Ukraine. GTLK is Russia's largest leasing business in the transport sector, with its Europe Group's international leasing business headquartered in Dublin.

2023-12-04 · Dublin

Court hears of devastating consequences for English language students who fell victim to fraudster

In a Dublin Circuit Criminal Court hearing, 18 foreign students who had paid a fraudster, Raul Rodriguez Ramirez, for English‑language courses suffered severe psychological and emotional distress. Ramirez, who ran a legitimate agency from 2018 to 2020, diverted the students' money into a restaurant venture that failed during the pandemic. The students, many from Mexico, Bolivia, Japan and South Korea, were left without course placements, risking their visas, and faced financial hardship—one slept in a church doorway for two nights, another could not travel home to see his mother before she died. They reported being pressured to pay quickly and receiving "contracts" by email, yet their funds were never used to secure enrolment. Ramirez pleaded guilty to inducing the students to pay sums between June 2020 and June 2021, and the judge adjourned sentencing for a week to allow him to gather funds for compensation.

2023-12-04 · Ireland

Dun Laoghaire pier traders challenge council's decision to revoke their licences

Two long‑time casual traders at Dun Laoghaire's East Pier, Bryan O'Kane of "Bryan's Coffee" and David Harper of "Say Fish", have filed a High Court challenge against Dun Laoghaire Rathdown County Council's decision to revoke their trading licences. The council announced the revocation in August without prior warning, citing alleged obstruction of pedestrian and vehicular traffic, littering and nuisance caused by their equipment. O'Kane argues that he has addressed all concerns, upgrading his generator, installing a sound barrier, and maintaining a bin at his kiosk, and that any loading occurs during off‑peak times. He also claims difficulty obtaining complaint details through freedom of information requests before the decision. Represented by David Kennedy SC and Katherine McGillicuddy BL, the traders seek orders quashing the revocation, declarations that the council acted unreasonably and in breach of fair procedures, and damages. Ms Justice Niamh Hyland granted them permission to proceed and allowed them to apply for a stay if necessary.

2023-12-01 · Dublin

Knife robber spent seven years living 'crime free' life

Laurence Maguire, 47, pleaded guilty to two robberies and an assault at Dublin Circuit Criminal Court. He had been on the run for seven years after a bench warrant was issued in 2016, during which time Gardaí could not locate him. In June 2023 he surrendered and has been in custody since. The first robbery occurred at Courtview, Rathbourne, where he forced a woman to drop her bags, stole a River Island handbag containing about €30, bank cards and a DKNY watch, and left her with a sore neck and a cut. The second robbery took place on Glasnevin Avenue, Ballymun, where he attempted to seize a woman's bag, injured her husband with cuts to his face and hand, and stole a Marks & Spencer handbag. Gardaí recovered the vehicle, bank cards, and evidence linking Maguire to the incidents. He admitted to possessing a knife and having a drug addiction, and has 17 prior convictions.

2023-12-01 · Ireland

Detective banned from motorbikes over ear condition but allowed to shoot guns loses discrimination claim

A Garda detective with a long‑standing ear condition, who had undergone multiple surgeries and was found to have moderately severe conductive hearing loss, brought an equality claim under the Employment Equality Act 1998. He argued that the force had discriminated against him by forbidding him from riding motorbikes, which he had previously used for training, while still allowing him to perform firearms duties. The detective's representative, James McEvoy, claimed the denial of motorbike access denied the detective opportunities to develop skills and was a discriminatory decision. The tribunal heard that the detective had repeatedly passed fitness tests for firearms duties, and that an assistant chief medical officer had assessed the risk of motorbike noise as not significant for the left ear but potentially serious for the right ear. The adjudicator, Michael MacNamee, concluded that the force had not discriminated against the detective and dismissed the complaint. The decision also rejected a related penalisation claim.

2023-12-01 · Dublin

Trustees claimed they are being 'gagged' at Retired Civil Servants Association AGM

The trustees of the Retired Civil and Public Servants Association—Mary Farrell, Frank O'Dwyer and Matthew Ryan—have filed a High Court action claiming the association's governing council has refused to allow them to raise a series of motions at the upcoming AGM. The motions would address alleged financial and corporate management issues, including the level of subsistence and travel expenses paid by council members, the auditing of the association's accounts, the appointment of auditors, and the lack of audited accounts for 2022. The trustees also seek to discuss alleged unauthorised county‑level accounts, pre‑signed cheques, a €30,000 tax settlement following a protected disclosure, potential GDPR‑related data destruction, and why they were censured for questioning the 2019 accounts. They argue that the council's refusal to include these motions effectively "gags" them and could damage the organisation.

2023-11-30 · Kerry

Woman who said receiver was trying to sell apartment after mortgage was paid resolves action

Elizabeth Theresa Mansfield, a retired nurse and full‑time carer, brought a High Court action against Pepper Finance Corporation (Ireland) DAC, its receiver Sharon Barrett of Kroll Advisory, and auctioneer Ger Carmody Auctioneers, claiming that the receiver was attempting to sell her fully paid apartment at Kings Court Apartments, Manor West, Tralee, Co Kerry. Mansfield said she had repaid the €82,000 mortgage in full in early November after retiring, yet the receiver had not withdrawn the property from sale and had failed to engage with her. She also alleged she was owed €13,000 from rental income and that the management company had not communicated with her. The case was resolved after settlement: the property would no longer be sold, the receiver discharged, and Pepper would receive rental income. The High Court struck out the proceedings, praising the parties' efforts for a sensible resolution.

2023-11-30 · Dublin

Developer says D7 properties 'unlawfully taken over', being used for raves

In a High Court case, Garvagh Homes Limited claims ownership of several Dublin 7 properties, including a former carpet showroom and a garage, and alleges they have been unlawfully occupied by trespassers for months. The company says the occupants are using the sites for raves, gigs, Irish language classes, herbal workshops, fitness classes and selling alcohol, all advertised on social media. Garvagh also cites a recent fire safety notice from Dublin City Council that will take effect on 8 December. The company seeks injunctions to force occupants to vacate, stop trespassing and hand over possession. Named defendants, including Shane O'Brien, Jem Cleaver, Emily Martin and others, deny the allegations, claim valid agreements to reside, and contest the safety and alcohol claims. Judge Rory Mulchay granted a temporary limited injunction restraining the named defendants from activities on the properties but did not order immediate eviction, noting the fire safety notice and awaiting the full injunction application before Christmas.

2023-11-30 · Ireland

Traveller workers who blew whistle on 'deeply dysfunctional' community organisation win 2.5 years pay

Two low‑paid Traveller workers, each earning €84 a week as part‑time community welfare officers, were awarded nearly €11,000 each by the Workplace Relations Commission for whistleblower penalisation and discrimination. The Commission upheld complaints under the Protected Disclosures Act 2014 and the Employment Equality Act 1998 after the workers had written letters about the organisation's management, safety protocols during Covid‑19, and lack of phone and broadband allowances. They claimed they were removed from a conference call on 28 September 2021 and denied access to later meetings, while non‑Traveller staff were not removed. In January 2022 they received notices of alleged misconduct, which they denied. An external investigation in April 2022 confirmed many of their concerns, describing the organisation as deeply dysfunctional. The adjudicator awarded each woman €6,552 for whistleblower penalisation and €4,368 for discrimination, totaling €10,920.".

2023-11-28 · Dublin

Union's UK top brass may be called before WRC in Brendan Ogle's discrimination complaint

In a Workplace Relations Commission hearing, Brendan Ogle, a senior Unite official in Ireland, alleges discrimination and whistleblower penalisation by the union. He claims exclusion from promotion due to his cancer, discriminatory harassment, failure to provide reasonable accommodation, and penalisation for protected disclosures under the Protected Disclosures Act 2014, Health Act 2004 and Safety, Health and Welfare at Work Act 2004. The union denies all allegations. The case is scheduled for eight days of evidence and pleadings, with over a dozen witnesses, including Unite's general secretary Sharon Graham, former general secretary Len McCluskey, former ICTU president John Douglas, and others. Ogle's legal team seeks time to submit a 16‑page legal submission and additional documents. The adjudicator has adjourned the hearing to a three‑day block in the new year, anticipating a lengthy process. Ogle is accompanied by his wife and supporters.

2023-11-28 · Ireland

Developer Hugh Kavanagh no longer seeking orders that could have seen brother Greg jailed

In a High Court hearing on 28 November 2023, developer Hugh Kavanagh announced that he had withdrawn the part of his application that sought to have his brother Greg Kavanagh attached and committed to prison for alleged contempt of court. The withdrawal was described by Hugh's counsel as a distraction from the main issues. The brothers remain in a legal dispute over a 2020 settlement that ended a claim that Hugh had been removed as director of 19 companies. Hugh Kavanagh and his company Simlur Ltd continue to pursue injunctions against Greg Kavanagh and several related companies, alleging breaches of the settlement, asset stripping and unsanctioned payments. The court has set a timetable for further affidavits and scheduled the injunction hearing for January 2024. The case remains ongoing.

2023-11-28 · Ireland

Worker left 'in limbo' over return to work from maternity leave awarded €20k

A medical secretary, Veronica Makunike, who had been on maternity leave and then in a state of uncertainty for almost a year, secured €20,000 in compensation from the Mary Street Medical Centre after a Workplace Relations Commission adjudicator found she had been penalised for asserting her rights as a pregnant worker. The case centred on a secret recording of a phone call with her former manager, which the adjudicator said had "deteriorated into a frank exchange of views." The manager's notes were deemed biased against Makunike, and the tribunal concluded that the employer's actions – including offering only half her previous hours, withholding a Christmas bonus, and refusing to engage a mediator – constituted adverse treatment in reaction to her protected maternity status. The tribunal ruled that Makunike had been denied a realistic return to work and ordered the clinic to pay her €20,000, roughly 18 months' salary.

2023-11-27 · Limerick

Housing Minister's failure to enact section of Water act leaves those who want to challenge land acquisition without appeal, court told

In a High Court case, Judith Dixon and Liam McLoughlin of Limerick argue that the Minister for Housing failed to commence a section of the 2007 Water Services Act that would allow an appeal against a local council's decision to acquire part of their property. The couple, who live in a protected structure at The Station House, Curraghbeg, claim that the council's notice to take charge of land at Blackabbey, Adare, infringes their constitutional right to appeal and threatens their privacy. They seek judicial review orders to quash the council's notice, declare the notice a breach of constitutional rights, and affirm that the Minister's failure to enact the relevant section denies them an appeal right. The case was granted permission to proceed by Ms Justice Niamh Hyland and is set to return to the High Court in January.

2023-11-27 · Waterford

Homeless Afghan man brings High Court challenge over accommodation

A homeless Afghan man has brought a High Court challenge against Waterford City and County Council, alleging unlawful treatment under the 1988 Housing Act. The applicant, who fled Afghanistan in 2019 and was granted asylum in 2022, claims he was wrongly deemed to have refused accommodation because an offer was not explained in his native language due to his limited English. He alleges the council only provides four emergency beds for single men, forcing him to sleep in his car when unavailable, and that the emergency accommodation consists of unheated rooms with pull-out beds or couches available only after 9pm. The man seeks orders compelling the council to provide suitable accommodation and to lawfully reconsider his needs. He further seeks declarations that the council's alleged policy regarding emergency beds is unlawful and that his Constitutional and ECHR rights are not being vindicated. The matter came before Ms Justice Niamh Hyland on Monday. On an ex-parte basis, the judge granted the man permission to bring his judicial review challenge. The matter was adjourned and will return before the court next month.

2023-11-24 · Kerry

Bus Eireann ordered to pay Traveller women discriminated against on local trip

The Workplace Relations Commission ordered Bus Éireann to pay €1,250 in compensation to Elizabeth Burke and Annie Burke for discrimination. The adjudicating officer upheld Equal Status Act complaints alleging the women, members of the Traveller community, were subjected to aggressive behaviour by driver Richard Robinson after a bus pass incident in Killarney. Ms. Burke claimed she accidentally used her husband's pass, while Ms. Burke stated the driver threatened to call Gardaí. Mr. Robinson denied discrimination, claiming he was respectful and would not know if a passenger was Traveller. Adjudicator David James Murphy found this statement damaged the driver's credibility, noting that distinct accents are common in the Traveller community and that a frontline worker in the south-west would likely be aware of this. The officer accepted the complainants' accounts over the driver's. Elizabeth Burke was awarded €500, and Annie Burke was awarded €750, with the latter sum reflecting that she was the party shouted at. Karen Tess of Mannix & Co LLP represented the applicants, while Hugh Hannon appeared for Bus Éireann. The matter was concluded with this final decision and compensation order.

2023-11-23 · Cork

Assets linked to convicted killer and 'career criminal' deemed proceeds of crime

The High Court, on Mr Justice Alexander Owens' direction, declared that assets linked to convicted killer and "career criminal" John 'Keith' O'Donovan – a Cork property and €8,590 in cash – were proceeds of crime. The Criminal Assets Bureau (CAB) had argued that the assets were financed by O'Donovan's criminal activity, citing over 50 convictions for offences such as manslaughter, armed robbery, burglary, assault, illegal firearm possession and drug offences, and his role as a major heroin supplier in Cork. CAB's sworn statement noted that the recorded convictions did not fully reflect his criminal involvement and that he accessed substantial funds from unknown sources. The property, bought in 1997 for IR£20,000, was registered in his mother Doreen O'Donovan's name to conceal ownership. CAB claimed O'Donovan had no legitimate means to acquire the property, now valued at over €200,000.

2023-11-23 · Meath

Joint provisional liquidators appointed to automatic gates firm

The High Court appointed Nicholas O'Dwyer and Colm Dolan of Grant Thornton as joint provisional liquidators for Killeen Engineering Fabrication Limited, an automatic gate systems company that employed 45 people and has since closed its doors. The court heard the firm had been trading successfully but became insolvent after its business "fell off a cliff" in recent months. Ross Gorman BL, instructed by Amoss Solicitors, noted that sales had increased earlier but fell significantly in the third quarter of 2023, severely impacting cash flow and leaving the company with less than €20,000 in cash. The company owes about €650,000 to existing customers from deposits for its products and was unable to raise additional finance. The liquidators were granted powers to take control of assets, continue trade for the benefit of liquidation, and investigate the deposits. The matter will return to court in the coming weeks.

2023-11-23 · Dublin

Car dealership who unfairly sacked pregnant teen saleswoman must pay €28k

A south Dublin car dealership, trading as Sandyford Motor Centre, was ordered to pay €28,000 to Abbie Walsh, a 19‑year‑old saleswoman who was dismissed in May 2023. Walsh claimed she was pregnant and that the dealership's management knew of her pregnancy after she informed her former line manager. The company had told her she was not expected to meet a target of 60 cars in the first quarter, a figure that applied to senior staff, and that she was in an apprenticeship role. An adjudicator found the management's defence uncredible, concluded the dealership had become aware of her pregnancy, and ruled that the dismissal was discriminatory under the Employment Equality Act 1998. The compensation was awarded to address the discriminatory treatment and deter future misconduct.

2023-11-23 · Dublin

Tardy gentleman's club bouncer gets stripped down award for unfair dismissal

A bouncer at Club Lapello, a Dublin 2 strip club, was dismissed after repeatedly arriving late to shifts, costing the club and its self‑employed dancers significant income. The worker, Aybars Bayram, claimed he was often 10–15 minutes late and that the club's operations director, Ciaran O'Flynn, had issued a written warning on 8 July 2022 and dismissed him on 14 July 2022 after a 45‑minute lateness. Bayram denied any link between his dismissal and a prior incident with a Garda sergeant, stating he had no interaction with Gardaí. The adjudicator, David James Murphy, found no evidence that Bayram was given a chance to respond to the allegations and awarded him one week's wages (€680) as compensation for unfair dismissal, after reducing the claim to a month's lost earnings and applying a 75% reduction to the lost earnings.