The High Court, by Mr Justice Michael Quinn, ordered the liquidation of MAC‑Interiors Limited, a commercial fit‑out firm with 31 full‑time staff and many subcontractors. The company, which owed creditors over €27 million, had entered examinership earlier in 2023. An examiner, Mr Kieran Wallace, had proposed a modified rescue plan involving a new investor and a scheme of arrangement that, if approved, would have allowed the firm to exit examinership and continue operating. The court found it lacked jurisdiction to approve the scheme, citing Revenue's opposition and the withdrawal of a committed investor. Consequently, the examiner's proposal to return the company to solvency was rejected. The court appointed Mr Aidan Murphy as liquidator, noting that Revenue, the largest creditor, accounted for about half of the debt. The liquidation order was made after the examiner could not present revised proposals to the court.
A call‑centre firm, run by Jim McCoy, was found to have discriminated against a female manager, Mandy Hurley, after her maternity leave. The company had removed her from the management group, the "brain trust", and demoted her to a lower‑level role. Hurley reported being left in a new building with no colleagues, denied access to computer passwords for two weeks, and was told her work output was insufficient compared to junior staff. The Workplace Relations Commission adjudicator concluded the firm had a "complete lack of understanding" of its duties to female employees under the Maternity Protection Act. The tribunal upheld Hurley's complaint under the Employment Equality Act 1998 and ordered the company to pay her €31,000 in compensation, equivalent to 12 months' salary, for the discriminatory treatment she endured upon returning from maternity leave.
The High Court has granted Mac Interiors additional time to determine whether a new investor will support a "modified" scheme of arrangement that could allow the company to exit examinership and continue as a going concern. Mr Justice Michael Quinn had earlier ruled that the court lacked jurisdiction to approve the scheme proposed by examiner Kieran Wallace, which was opposed by Revenue. After the court's decision, a previously committed investor withdrew, but the examiner's lawyers informed the judge that a new, unnamed investor is interested in funding a modified scheme. The judge gave the examiner until Wednesday morning to present an alternative proposal, stressing that any application to continue the examinership must be backed by evidence. The court rejected the original proposal to return Mac Interiors to solvency, noting that the only impaired creditor class had been "erroneously formed" and that no valid meeting had accepted the plan.
Lucian Mihai Muscalu, a general operative at Gunn Lennon Fabrications Ltd, was dismissed after making racist jokes at a company barbecue on 25 June 2021. The Workplace Relations Commission upheld his complaint under the Unfair Dismissals Act 1977, finding the dismissal was "unfair on procedural grounds" because he was not informed of the complaint and had no chance to respond. However, the Commission ruled it was "just and equitable" to award him nothing due to the "offensive" nature of his remarks. Muscalu had been intoxicated, having consumed four whiskeys and three beers, and told jokes such as "Why are black people's hands white? Because they had them against the wall when they were being painted." He also quipped that the panda bear was the most racist animal. The employer's barrister argued that Muscalu's comments were a significant factor in his dismissal. The complainant sought €375.40 in compensation, but the Commission decided no award would be made.
In October 2023, Dublin Garda Andrew Dunne filed a High Court challenge after being transferred from community policing to a core policing unit in August 2022. The transfer followed an incident in the Rathmines Garda Station canteen where Dunne, eating cereal, failed to log a 15‑minute break in the Garda Command and Control System. Chief Superintendent Peter Duff, who inspected the station, reported the omission and also noted another Garda's alleged inappropriate conduct. Dunne, who had won a competition to join the Garda Community Policing Service in 2017, was told his community role was "no longer tenable" and reassigned. He claims the decision was unfair, unlawful, and breached Garda Discipline Regulations and his constitutional rights. Represented by Antony Moore SC and James Lawless BL, Dunne seeks orders to quash the transfer and declarations of unlawful, disproportionate, irrational and unreasonable action. Ms Justice Niamh Hyland granted the case on an ex‑parte basis, with the matter adjourned to November.
In a High Court judicial review, Mr Simon Cross, who runs a farm equipment manufacturing business adjacent to the proposed site, challenges An Bord Pleanala's decision to grant planning permission for 28 new houses in Newtown, Rathangan, Co Kildare. Cross argues the permission is flawed because it allows a residential development next to a noise‑generating facility, which he says is inconsistent with proper planning. He also contends that the board failed to consider the current County Kildare Development Plan 2023‑2029, relying instead on the previous plan from 2017‑2023, and ignored his submissions about traffic hazards and environmental impacts. Represented by Michael O'Donnell Bl, Cross seeks an order quashing the decision. The case was heard ex‑parte by Ms Justice Niamh Hyland, who granted permission for the challenge and adjourned the matter to November. The developer Moortrim Limited is a notice party.
Four convenience‑store workers in County Waterford – Bridget Browne, Bridget Harrington, Alexander Novakovsky and Joanna Yahyaoui – secured orders for redundancy and notice pay from the Workplace Relations Commission after being dismissed ten days before Christmas 2022. The workers had worked part‑time at a Your Stop store on O'Connell Street, Dungarvan, and a Gala‑branded shop on Main Street, Tallow, for a combined service of over 23 years. Their former employer, sole trader Philip Kane, had agreed to take over the stores but claimed he had not legally acquired the businesses and therefore was not liable for redundancy payments. The tribunal found that Kane was the employer from 11 April 2022 and that the ten‑day notice was too short. He was ordered to pay the workers €5,998.50 in pay‑in‑lieu of notice and redundancy sums ranging from €2,000 to €12,000, totalling about €43,000. The decision was published in July 2023.
Nicole Marques-Montano, an administrative worker at the Brazilian Embassy, was awarded €13,554 by Workplace Relations Commission adjudicator Maire Mulcahy following a hearing on complaints under the Payment of Wages Act 1991 and the Organisation of Working Time Act 1997. The dispute originated from the embassy's refusal to provide a €1,279 monthly maternity leave top-up and its subsequent withdrawal of permission to carry forward 14 days of accrued annual leave. Ms. Marques-Montano alleged victimisation and discrimination, noting that a male colleague had previously received similar discretionary payments. The Federative Republic of Brazil, represented by solicitor Gerald Kean, denied the victimisation complaint and argued that the ministry had no provision for the top-up payment. Regarding the leave, the respondent contended that carry-over was only permitted for certified sick leave. Adjudicator Mulcahy upheld the working hours complaint, finding that the embassy retrospectively withdrew the promise to carry over leave without prior notification, which constituted a detriment. The adjudicator ordered the embassy to restore the 14 days' leave immediately and to pay €13,554 in compensation for the distress caused by the alleged victimisation. The matter was decided at the hearing stage, with the finalisation resulting in this specific financial award and leave restoration.
In a High Court hearing on 5 October 2023, the legal action brought by the Association of Garda Sergeants and Inspectors (AGSI) against the Garda Commissioner over proposed rostering arrangements was declared not proceeding. The judge, Mr Justice Mark Sanfey, noted that the matter had become moot because the Commissioner had invited the AGSI and other Garda representative bodies to discuss new rostering agreements. The AGSI agreed to participate in these talks, and counsel for both sides agreed that the November hearing was unnecessary. The issue of who would bear the legal costs remains unresolved and will be argued later in the month. The court also acknowledged that the AGSI's earlier request to prevent the Commissioner from unilaterally imposing a new roster and to exhaust internal dispute resolution procedures had been opposed by the Commissioner. The case was adjourned to allow for out‑of‑court discussions.
In a case brought under the Employment Equality Act 1998, multimedia journalist Kasia Czernik claimed that RTÉ discriminated against her after she was sexually harassed by veteran night‑shift anchor Noel Fogarty. The harassment, consisting of texts, emails and attempted phone calls from 18 May to 21 June 2021, led to Fogarty's dismissal in September 2021. Czernik alleged that RTÉ failed to assure her that the harassment would not continue and that it breached the Act by not disclosing the disciplinary sanction imposed on Fogarty. She sought €300,000 in compensation, half for the mental, emotional and physical impact of the harassment and half for five years' worth of her salary. The Workplace Relations Commission rejected her complaint, finding that while she was sexually harassed, RTÉ had not discriminated against her. The tribunal concluded that RTÉ had acted appropriately by investigating the complaint and taking reasonable steps to prevent further harassment. The case was decided by WRC adjudicator Maria Kelly.
In October 2023, the Workplace Relations Commission (WRC) recommended that a senior clinical psychologist receive €20,000 in compensation after a dispute that began in May 2018 over complaints from parents of a child in his care. The psychologist, represented by the trade union Fórsa, argued that the employer, an unnamed healthcare provider, handled the complaints arbitrarily and capriciously, failing to give him a chance to respond to two separate allegations. An external review team produced a report that the union said was biased and one‑sided, supporting the parents' claims with inaccurate information and damaging the psychologist's reputation. The WRC found no adverse findings against the psychologist but noted shortcomings in the employer's process, including not notifying him of a second complaint and not allowing him to rebut. The adjudicator, Shay Henry, urged the psychologist to submit a rebuttal statement to be kept on file and accepted that the review report could not be nullified.
A Workplace Relations Commission hearing involving Pauline Whelan, a creche worker alleging constructive dismissal by Helga Sweetman trading as Helga's Preschool in Balbriggan, was adjourned. Whelan, represented by Sinn Féin TD Louise O'Reilly, claims she suffered stress preventing her from seeking work. The respondent's barrister, Dominic Wilkinson BL, argued that without medical expert testimony, any compensation award would be limited to four weeks' earnings. Adjudicating officer Breiffní O'Neill noted the lack of a doctor or psychiatrist and cited the 2000 Employment Appeals Tribunal decision in Liz Allen v Independent Newspapers, where a psychiatrist's evidence was pivotal. O'Neill stated that Wilkinson could not cross-examine written sick notes and suggested Whelan seek a witness summons for her GP, though O'Reilly expressed reluctance to serve such a summons. Wilkinson proposed a medical assessment by an expert for the creche, which O'Neill said required Whelan's consent. The adjudicator declared the matter had reached an impasse regarding the doctor's attendance and adjourned the case to a later date yet to be confirmed by the WRC. No final determination was made.
The Workplace Relations Commission heard statutory complaints brought by Kinsley Auguste against Dillingers Restaurant Ltd, with John Farrell appearing as respondent-in-person. Mr Auguste alleged racial discrimination, excessive working hours, failure to provide shift breaks, and lack of premium pay for Sunday work under various employment acts. Mr Farrell denied all allegations, asserting that Mr Auguste's aggressive behaviour on Christmas Eve 2021, which nearly prompted a call to gardaí, led to his suspension. The adjudicating officer noted the relationship had effectively ended. Regarding pay, Mr Auguste claimed he worked 55 to 60 hours weekly without additional compensation, while Mr Farrell stated the roster was managed by the chef and premiums were included in the weekly wage. The hearing concluded with the adjudicating officer ending the session on the statutory complaints to consider a further Industrial Relations Act complaint behind closed doors. A decision on the statutory complaints is expected in due course.
On 2 October 2023, Mr Justice Alexander Owens approved three Debt Settlement Arrangements in the High Court. The first allowed 51‑year‑old Brian Carrig, a self‑employed accountant from Ashfield, Drogheda, to write off more than €5 million of debt for a lump payment of about €15 000. The arrangement, lasting six months, aims to restore Carrig's solvency and gives creditors only 0.32 % of what they are owed; it is funded by a €20 000 payment that includes a fee for his Personal Insolvency Practitioner. The second arrangement, for 56‑year‑old David Hoban, a former building contractor, permits the write‑off of over €1.3 million for a €20 000 payment over 60 months, with 81 % of creditors accepting. The third arrangement concerns 47‑year‑old Daniel Desmond, an IT director, who will write off €2.2 million of debt for a €70 000 payment over 12 months; all creditors voted in favour.
WRC adjudicator Brian Dalton ruled against the liquidators of Debenhams in a second test case concerning the mass compulsory redundancy of nearly 1,000 staff in April 2020. In the decision regarding applicant Breda Cox, a Siptu member, the adjudicator found that the liquidators breached collective redundancy consultation rights under the Protection of Employment Act 1977. Specifically, the adjudicator determined that the consultation process commenced too late and failed to provide relevant information, such as stock value and store profitability, which frustrated the trade union's capacity to make constructive proposals. Consequently, the adjudicator awarded Cox €1,800 in compensation, calculated as two weeks' pay for each of the two identified breaches. This ruling follows an earlier decision in a Mandate trade union test case, where applicant Jane Crowe was awarded €2,280, representing four weeks' pay for each breach. The liquidators, Kieran Wallace and Andrew O'Leary, denied the alleged breaches. An appeal against the earlier Mandate ruling is scheduled for the Labour Court on 1 November, with millions of euro at stake for up to 800 members. The Siptu test case affects a smaller group of fewer than 50 staff.
The Workplace Relations Commission ruled that a "veiled threat" to veterinary inspector Louis Reardon was linked to his claims that Minister Simon Coveney and former Taoiseach Enda Kenny interfered with investigations by the Department of Agriculture. The tribunal, however, could not establish a link between the threat message, sent a day after Reardon's protected disclosure, and his involuntary transfer three years later. Reardon's complaint of penalisation under the Protected Disclosures Act 2014 was rejected because the adjudicator could not be satisfied that the threat was part of a sustained retaliation. The tribunal noted that the transfer decision was made during a review that began before Reardon's disclosure and that senior officials had no knowledge of the disclosure at the time of the reassignment. The adjudicator concluded that the transfer was a legitimate reassignment, albeit questionable in its efficacy, and ruled Reardon's complaint "not well founded.".
Michael Martin, a Dublin Port docker employed by Scruttons (NI) Ltd, claims he was unfairly dismissed after failing a workplace drug test that found 234 ng/ml of cocaine, far above the 8 ng/ml fail rate and 10 ng/ml legal limit. He says the company's duty of care was breached because he turned to alcohol and drugs following a 2019 fatal accident involving a truck driver, for which he had no support beyond two counselling sessions. Martin argues the dismissal was excessive and that alternative roles such as a checker could have been offered, but none were available. The company's operations manager explained that random drug testing had been routine for years due to the high‑risk nature of the work, and that safety‑critical roles required a drug‑free state.
Irene Glynn, a dental assistant at the Carlow Dental Centre, was dismissed after her employer claimed a Facebook post she had made was "hate speech" against Ukrainian refugees. Glynn said she was never given a chance to defend herself and that her account might have been hacked. The Workplace Relations Commission found the centre failed to investigate the allegation properly and that dismissal was not justified, ruling it could have been a warning instead. The tribunal upheld her unfair dismissal claim under the Unfair Dismissals Act 1977, awarding her statutory notice pay under the Minimum Notice and Terms of Employment Act 1973. The total compensation awarded was €10,564.62, including €8,552.31 for 17 weeks' pay and €2,012.31 for four weeks' notice pay. The case highlighted the employer's lack of a social media policy and the need for a proper investigation before dismissal.
The Department of Agriculture is accused of transferring whistleblower Louis Reardon out of the investigations unit following his protected disclosure about political interference in criminal investigations, according to a lawyer at the Workplace Relations Commission (WRC). Reardon made the disclosure on August 2, 2017, alleging interference by former officials and politicians. The following day, a senior civil servant suggested Reardon be moved to the wildlife section, which he rejected. The department claims the transfer in 2020 was unrelated to the disclosure and part of a review initiated in 2017. Reardon argues the move was retaliation and has requested to be transferred back to the investigations unit. The department denies any breach of the Protected Disclosures Act 2014 and states there was no penalty to Reardon. Evidence presented suggests the review began before the disclosure, and the department claims the transfer was due to internal management issues and the need for staff mobility.
In a High Court hearing on 31 July 2023, Justice Marguerite Bolger described the living conditions of the McInerney family—six members of the Irish Traveller Community—as "wretched" and "very unsettling." The family, who had been living in a one‑berth caravan and sleeping in a car for several months, had been moved from roadside accommodation in Toomevara to the Springfort Retail Park in Nenagh, only to be told by Garda Síochána to vacate that site as well. Between April and mid‑July they mainly slept in a car, with brief periods in emergency accommodation before receiving a caravan in mid‑July. The family claims that since May they have been denied hotel accommodation and have received only €100 per night toward B&B costs, which they say is insufficient.
In a decision by the Workplace Relations Commission, a health‑tech start‑up, CSIS Health Ltd, was ordered to pay a former software engineering manager, Per Johansson, a total of €50,708.72. Johansson had worked from 4 May 2022 until 16 December 2022, when his employment ended because the company could not pay his wages. He claimed unpaid wages for September to December 2022, three months' notice pay, accrued holiday pay and the balance of unpaid wages. The company admitted the amounts were due but said it had no funds, having failed to secure grants or investment despite repeated applications, including to the European Innovation Council and potential US investors. The adjudicating officer, Peter O'Brien, found the company breached the Payments of Wages Act 1991 and awarded Johansson €3,489 for September, €8,333.33 each for October and November, €4,545 for December, €25,000 for notice pay and €1,008.06 for holiday entitlement.
Moyrock Properties Limited applied to the High Court to stop a couple, Joseph and Margret Cooney, from using a hidden garden on land it bought in 2021 for over €1.6 million. The company said the garden, only visible by drone, was built on its property and that the Cooneys were trespassing. Moyrock requested an injunction but suggested a one‑month stay to allow the couple to harvest. In a separate case, Moyrock sued four other individuals—Garry Regan, Raymond Walsh, Philip O'Gorman and Anthony Dolan—who it says were occupying a part of the land near a structure called the 'Blue Shed'. The defendants claimed a lease, which Moyrock denied, noting no formal agreement or rent had been paid. The court granted the Cooneys' request for short notice of the injunction and ordered the case to return in August, while the other proceedings were also scheduled for a next‑month hearing.
In August 2020 a pregnant Garda, Siobhán McCoy, was marked down in a detective‑post interview, receiving 70 % versus 81 % in a 2019 competition. The Workplace Relations Commission found the interview process flawed, favouring "performance" over competency answers and allowing potential manipulation of marks. The panel, lacking an independent member, consisted of a superintendent and an inspector. McCoy's representatives argued the difference in assessment was due to her pregnancy, not intent to discriminate. The adjudicating officer noted the panel's subjective judgments and the absence of an independent member as concerns. The commission upheld McCoy's gender‑based discrimination claim and ordered the force to pay €10,000 in compensation. The decision highlighted the flawed process and the risk of unconscious bias in the interview.
In the High Court, Dr Johnny Ryan, a senior fellow of the Irish Council for Civil Liberties, sought judicial review against the Data Protection Commission (DPC), alleging it failed to adequately investigate a 2018 complaint regarding Google's alleged 'Real Time Bidding' data processing. Dr Ryan claimed the DPC breached the 2018 Data Protection Act and GDPR by not investigating with due diligence. The DPC, represented by Joe Jeffers SC, denied all claims, asserting it opened a voluntary inquiry in 2019 that remains ongoing. It argued the proceedings were time-barred and premature, maintaining that its investigative discretion is not amenable to judicial review. Dr Ryan, represented by James Doherty SC and Sean O'Sullivan BL, countered that the DPC had not complied with its GDPR obligations to investigate how Google gathered and distributed personal data. He noted a similar complaint concerning IAB Europe was processed by the Belgian Data Protection Authority. Google, a notice party, stated it would not actively participate. Mr Justice Garrett Simons heard submissions and indicated he intends to reserve his decision, to be returned at a later date. The matter was adjourned, with the hearing continuing.
Nomos Productions Ltd was ordered to pay €10,000 to Emma Rooney after a tribunal found the company had breached her maternity rights by failing to give her a written reason for her dismissal. Rooney, a pregnant producer, was dismissed after a months‑long "personality clash" with sales executive Amy O'Connor. The company offered vague explanations such as "synergy" and "style" at a termination meeting, which the tribunal deemed insufficient under the Equal Status Act. Rooney's complaint, filed under the Employment Equality Act 1998, alleged the dismissal was to avoid paying maternity leave. The tribunal ruled the dismissal was not discriminatory but a serious breach of the Act for not providing written grounds, and ordered the €10,000 payment. The case highlights the requirement for clear written reasons when terminating maternity‑protected employees.
In a High Court hearing on 26 July 2023, Mr Justice Brian O'Moore confirmed that the temporary injunction issued last week against three owners of luxury holiday lodges near the Johnstown Estate hotel was largely complied with. The injunction, which restrains the use of sirens, airhorns, alarms or power generators that produce loud noise near the hotel, was obtained after the hotel stopped supplying electricity and water to the lodges. The court heard that the siren's noise had ceased and that signs criticizing the hotel's owner had been removed. Two of the defendants, David Godwin and Martin Kennedy, who appeared in court, offered written undertakings to comply with most terms, though no undertakings were offered regarding their generators. Mr Justice O'Moore said he would continue the injunction on the generators and urged a compromise, while the third defendant, Peter Wilson, was absent and the orders against him were maintained. The matter was adjourned to August.
In the High Court, Tuesday Edel Campbell, the plaintiff, secured disclosure orders directing Twitter to identify the operators of two accounts alleged to have breached a court injunction. The defendant, Gemma O'Doherty, confirmed to Mr Justice Brian O'Moore that she controls the '@irishlightpaper' account but denied involvement with the other two accounts, '@cavandrugwatch' and '@michaelmg3'. Ms O'Doherty denies all wrongdoing and intends to contest the allegations. The court granted the orders to allow the plaintiff's legal team to determine who controls the remaining accounts, after which Ms Campbell may decide whether to bring a motion for alleged contempt of court. The case stems from Ms Campbell's claim that Ms O'Doherty, publisher of The Irish Light, unlawfully used an image of her late son, Diego Gilsenan, in an article linking his death to the Covid-19 vaccination. Ms Campbell alleges this constitutes harassment and a breach of her constitutional rights. A previous injunction restrains Ms O'Doherty from harassing the plaintiff, publishing images of the plaintiff or her son, or inciting others to intimidate her. This injunction remains in place pending the final outcome of the action. The matter was adjourned to allow for the disclosure of the identities of the other account controllers.
In a High Court case, Nigerian politician Oluseye Oladejo and his psychiatrist wife, Dr Oluwatoyin Oladejo, settled a defamation action against Kudirat Adunni Alowonle, an Irish resident. The couple had alleged that Alowonle posted videos on Facebook containing false and highly defamatory statements about them following their marriage in Lagos in June. They sought an injunction to remove the videos, an order preventing further defamatory publications, a correction, and disclosure of who received the videos. Mr Justice Brian O'Moore had previously allowed short notice of the injunction proceedings. However, when the case returned to court, the plaintiffs' counsel reported that Alowonle had removed the videos and issued an apology, leading to the striking out of the injunction proceedings. No representation was made by Alowonle in court. The case was resolved without further court action.
In July 2023 the Workplace Relations Commission ruled that a Russian 14‑year‑old girl was discriminated against when a summer camp cancelled her booking because of the Ukraine war. The camp's organisers claimed that taking her fee would breach EU sanctions and that other children might create difficulties for her solely because she was Russian. The tribunal found no evidence that sanctions applied to a minor and that the organisers' concerns were secondary to a wish to support Ukraine. The decision held the refusal was racial discrimination under the Equal Status Act 2000. The camp was ordered to pay €1,500 compensation and to offer the girl a free place in the 2024 camp, covering travel costs up to €1,200, with a second €1,500 compensation if she declined. The girl had 30 days to decide whether to accept the offer.
The High Court has granted partial leave for a challenge to a 2022 decision by An Bord Pleanala that approved a motorway service station near Ennis, Co Clare, for businessman Pat McDonagh. Judge Richard Humphreys allowed engineer Michael Duffy to seek to overturn the decision, provided he amends and serves the grounds of the challenge within a few weeks. Duffy argues the development will harm the local environment, citing a lack of an Appropriate Assessment under EU law and no evidence that wastewater would affect Special Areas of Conservation. The court declined leave on other grounds raised in 2022 and dismissed a 2021 judicial review where Duffy challenged Clare County Council's planning permission. Clare County Council and McDonagh are to be notice parties, not respondents. The case will return to court at a later date.
A woman secured a High Court injunction to stop her employer from dismissing her for alleged gross misconduct. She claims she was fired after delivering a 28‑page letter to her boss's home outlining grievances about his behaviour. She says handing the letter was not gross misconduct and that dismissal steps breached fair procedures. The employer denied breaches and argued the relationship was irretrievably tainted. Mr Justice Rory Mulcahy granted a limited injunction, requiring the firm to pay her salary and bonuses pending the full hearing, and restraining it from further disciplinary action. The order also allows the defendant to suspend her while continuing to pay her salary. The case is subject to a confidentiality order under the 2008 Civil Law Act, and the parties remain unnamed. The injunction does not address any potential damages. The dispute remains in the High Court, not the Workplace Relations Commission.
TD Paul Murphy has obtained permission from the High Court to challenge the Standards in Public Office Commission's refusal to investigate a claim that Taoiseach Leo Varadkar leaked a draft pay‑deal agreement between the State and the Irish Medical Organisation. Justice Niamh Hyland granted the leave after determining that the low threshold for judicial review had been met and that the applicant's claim was arguable. Murphy, a People Before Profit TD, had previously sought a review in February, but the case was adjourned multiple times while the presiding judge, Justice Charles Meenan, requested clarification on legal points and directed that the matter be served on both Sipo and Varadkar. The challenge is based on Murphy's assertion that his right to fair procedures and natural justice was breached, and he seeks an order remitting the case back to Sipo for reconsideration.
In a High Court decision on 21 July 2023, the challenge by Mannix Coyne and his daughter Amy Coyne to the approval of a 180‑megawatt data centre near their home in Bracetown, Clonee, Co. Meath, was dismissed. The Coynes alleged that the centre would produce about 1% of Ireland's annual CO₂ emissions and that the planning permission granted in July 2021 breached their constitutional rights to a healthy environment and other rights under the European Convention on Human Rights. They also claimed the decision violated planning regulations, the 2000 Planning and Development Act, the EU Directive on Environmental Impact Assessments and Habitats, and the 2015 Climate Action and Low Carbon Development Act, and that it would harm their equine business. The State, An Bord Pleanala and EngineNode Ltd rejected all claims, arguing that a right to a healthy environment is not recognised under the Constitution or the ECHR.
The owners of the Four‑Star Johnstown Estate hotel, Lefgem Limited and Wave Prime Limited, have obtained a temporary High Court injunction to stop three neighbours from using a siren or airhorn at night. The defendants – David Godwin, Peter Wilson and Martin Kennedy – each own a luxury holiday lodge near the hotel and have allegedly used a loud industrial‑style siren for up to six hours each night, starting at 10:45 pm. The hotel claims the noise has damaged its business reputation and disrupted two upcoming weddings. The injunction, granted ex‑parte by Mr Justice Brian O'Moore, prohibits the defendants or anyone aware of the order from using a siren, airhorn, alarm or power generator to produce loud noise near the hotel. The order is returnable next week. The case arose from a broader dispute over services and property use between the hotel and the lodges.
John O'Sullivan, a mobile tyre fitter who had worked for Tysoucha Ltd (trading as Tyresource) since 2000, was dismissed in 2022 after 22 years and nine months of service. The company, which claimed it was not liable for redundancy, argued that O'Sullivan was not made redundant because he found new work almost immediately. The tribunal found that the company had stopped the mobile tyre‑fitting service, effectively removing O'Sullivan's work vehicle, and that the alternative work offered was unsuitable due to transport issues. Consequently, the tribunal ordered the company to pay statutory redundancy based on his long service, amounting to €27,000, and noted that he was not entitled to notice pay because he left without completing his notice period.
In a High Court hearing, the ESB seeks a declaration that an employee has breached his contract by refusing to answer questions about alleged corrupt payments from builders. The employee, an electrician who has worked for the ESB since 2017, denies wrongdoing and claims a right of silence because the matter is under Garda investigation. The ESB argues that the right of silence applies only to state inquiries, not to private disputes, and that the employee's refusal to answer constitutes a breach of contract, potentially ending his employment. The employee's counsel counters that the ESB has not initiated any disciplinary process and that dismissing him would be premature. The court is to decide whether the employee is entitled to a right of silence and whether the ESB can lawfully terminate his employment. The case also involves separate proceedings where the ESB seeks Norwich‑Pharmacal‑type orders against two construction firms to obtain information about alleged cash payments.
Mairead Latimer, a 35‑year‑old financial controller from Howth, pleaded guilty to four counts of stealing over €82,000 from Chopped Limited between December 2016 and July 2018. She authorised fictitious payments to "ghost" employees, sending more than €43,000 to her father's account, and inflated her own wages by over €12,000 without director approval. She also took more than €22,000 from Chopped stores on Grafton Street and Lucan and authorised over €3,000 in increased pension payments to her own plan. At the time of the hearing, she had repaid €73,546, leaving €7,852 outstanding. The court noted that she was dismissed from Chopped on 1 August 2018 after the fraud was discovered, and that she had been cooperative during her arrest and subsequent garda interview. The matter was adjourned for finalisation on 13 October.
An analyst, Aniko Kopp, who left Emex Software in December 2022 after three and a half months without pay, secured a €20,107 order against the firm. Kopp's complaints under the Payment of Wages Act 1991 and the Organisation of Working Time Act 1997 were heard by the Workplace Relations Commission. She claimed unpaid gross salary, unpaid expenses, health‑insurance allowances and pension contributions, as well as contractual and statutory leave entitlements. The tribunal found Emex owed her €578 for two days' pay in December 2022 and €15,625 for the preceding two and a half months of unpaid wages. It also ordered the company to pay €2,750 for five months of a €500 monthly health‑insurance payment, €289 for a contractual holiday entitlement, and €865 for outstanding annual leave. The adjudicator ruled that pension contributions and other expenses were outside her jurisdiction. The final order totaled €20,107.
David Thomas, 33, has sued his mother Breda Thomas over a Co Kilkenny property that includes a guesthouse and 85 acres of land at Ballyduff, Thomastown. He alleges that he is the rightful owner, having inherited the property from his late grandmother and that it was held in trust for him and his sister. Thomas claims that the property was legally transferred to him in 2010 but that his mother concealed this fact, leading to a breakdown in their relationship. He seeks possession of the dwelling house and farm, registration of his legal interest, damages for trespass, breach of duty and unjust enrichment, and an injunction against his mother's alleged trespassing and harassment. Breda Thomas denies all allegations, stating she loves and cherishes her son, has never abused him, and that the property was willed to him and his sister by their grandmother in 1993.
The High Court heard that Mr Wojciech Bialek, former chief executive of the Together‑Razem Centre, has complied with an injunction requiring him to vacate the charity's Cork offices. The injunction, obtained by the charity, prohibits Bialek and anyone aware of the order from removing, deleting or copying the charity's documents, transferring or withdrawing its funds, trespassing on its premises, or representing himself as an employee, trustee or chairperson. The court was told that the offices have been vacated and that Bialek denies the allegations. His lawyers requested time to respond fully. The charity claims Bialek resigned after an independent accountant raised questions about its accounting, and that he and others unlawfully attempted to remove board members, hold an invalid extraordinary general meeting, and seize control of the offices by changing the locks. The court set a timetable for document exchange and adjourned further proceedings to later this month. The charity has not yet regained possession of its offices.
A 23‑year‑old man pleaded guilty at the Central Criminal Court for attempting to murder his mother in Co Meath four years ago. Camden Konopka, of Castleview Court, Delvin, was arraigned on a single count of attempting to murder Fiona Konopka at Coille Dios, Athboy on 19 September 2019. Mr Justice Tony Hunt set a sentencing hearing for 6 November this year.
In a High Court case on 14 July 2023, Together‑Razem Centre Company Limited secured a temporary injunction against its former CEO, Mr Wojciech Bialek, who allegedly seized the charity's offices after resigning in 2022. The charity, funded by the HSE and based in Cork, claims Bialek unlawfully took control of its premises at Kilnap Business Park, changed the locks, and threatened to alter or erase its records. The court heard that Bialek had been under investigation for financial and governance matters and that an Extraordinary General Meeting held on 11 July, which the charity says was invalid, removed the existing board and appointed new directors. The injunction, granted by Mr Justice Brian O'Moore, prohibits Bialek and others from removing, copying or transferring the charity's documents or funds, and bars them from representing themselves as officers of the charity. The order remains until the case returns to court on Monday.
In a High Court hearing on 14 July 2023, Mr Justice Rory Mulcahy discharged an injunction that had barred several corporate entities from accessing proceeds from the sale of Trinity House, a property in Dunboyne, Co Meath, and from insurance payouts following a fire. Mr Stephen Mahon had claimed a fair issue regarding the sale proceeds and insurance money, seeking payment of over €230,000 and the majority of the €810,000 sale proceeds. The court found that damages would be an adequate remedy and that Mr Mahon had not demonstrated that the defendants intended to dissipate assets outside the jurisdiction. The judge noted that Mr Mahon had failed to disclose relevant assets, including a €570,000 development site in Co Wexford owned by Yeronga, and that the injunction was therefore unnecessary. All defendants denied wrongdoing and argued that the injunction had harmed their business operations. The case will return to court later in the month.
In a decision by the Workplace Relations Commission, Griffith College was found to have contravened the Equal Status Act 2000 by refusing to provide sign‑language interpretation for a deaf law student, Sofiya Kalinova, and by requiring her to pay for it herself. The tribunal noted that the college's policy assumed Kalinova needed Irish Sign Language interpretation and a note‑taker for the entire course, including weeks already completed, without a proper assessment of her individual needs. The college's head of faculty, Karen Sutton, had estimated the cost of interpretation at €9,000 but had not shared this with Kalinova. The adjudicator, Kevin Baneham, ordered the college to pay Kalinova €3,000 in compensation and to revise its disability policy to comply with the Act. The case highlights the requirement for institutions to evaluate each learner's needs rather than rely on blanket assumptions.
In a case before the Workplace Relations Commission, Liam Dunne withdrew his unfair dismissal claim against Coinbase Ireland Ltd after the firm argued it could claw back his €13,000 voluntary redundancy package if he won. Dunne had signed a legally binding settlement agreement in November, receiving a sum equivalent to about 14 weeks' pay. He claimed he was under duress and had insufficient consultation time, but the tribunal found he had been given opportunities to ask questions and had been informed of the terms. The adjudicating officer noted that Dunne had stated he was not under duress when signing. After a brief recess, Dunne decided to withdraw the complaint, signing a withdrawal form and confirming the case was officially over. The withdrawal was effective immediately, with no settlement agreement in place.
A businessman, Declan Rogers, denies breaching High Court orders that prohibit him from collecting rents from tenants at Ossory Road Enterprise Park in Dublin. Rogers, who is a shareholder and director of Rogers Recycling Limited, claims the units are his property and that the plaintiff, Ossory Road Enterprise Park Limited, has no right to the rents. The plaintiff, which acquired the park in 2021, has obtained an injunction from Justice Siobhan Stack that remains in force until the dispute is resolved, preventing Rogers and his company from collecting rents. Rogers' counsel argues that allegations of contempt, including claims of assault, fire hazards, and people living in containers, are irrelevant and based on hearsay. Justice Brian Cregan adjourned the contempt hearing, allowing the plaintiff to submit further reliefs and indicating a possible return to the case in October to assess progress. The judge emphasized the importance of obeying court orders and managing the case to reach a resolution swiftly.
In a High Court case, Mr Justice Brian Cregan directed that two judgments be sent to the Director of Public Prosecutions. The judgments concern Marie Gibson, an elderly woman in her 80s, who was defrauded of her family home by her daughter Pauline Gibson. The court found Pauline had forged her parents' signatures to transfer the property to herself in 2003, secured a €190,000 mortgage from First Active Building Society, and later defaulted. The transfer was set aside as fraudulent, and the mortgage charge was removed. Marie Gibson was awarded €110,000 in damages and €75,000 in punitive damages against Pauline. The court also found solicitor Kevin O'Gorman negligent and awarded Marie €35,000. The judgments will be referred to the DPP for possible criminal charges, and further decisions on referrals to professional bodies will be made later this month.
Patrick Gorman, a former director of Inland Fisheries Ireland, claimed that after being suspended in February 2022, he had his 13‑year‑old son drive a State‑owned tractor on a public road at night. He said the suspension shocked him and that he was not acting rationally. The Workplace Relations Commission heard that the allegations of corruption made against him in a protected disclosure were not upheld, but the agency dismissed him for the unauthorised use of the tractor and a boat while suspended. Gorman said he had taken the tractor and a four‑metre RHIB to his home and later used the boat alone on Lough Mask. The tribunal noted that the use of the tractor by a minor breached road traffic legislation and that the dismissal was upheld on appeal in October 2022. The case remains at the WRC stage, with no further outcome reported.
School Food 4 Primary Ltd, a Limerick‑based provider of hot meals for schools, has filed a High Court challenge against An Garda Siochana's refusal to list it as a 'relevant organisation' under the 2012 National Vetting Bureau (Children and Vulnerable Persons) Act. The company argues that its application to the Garda National Vetting Bureau was denied on grounds it finds legally incoherent. It claims that the current interpretation requires schools to vet the company's employees, meaning any employee who fails a school vetting process cannot be employed by the firm, yet the company is not informed of the reasons for the failure. This situation, the firm says, is unworkable and hampers its ability to hire and grow, as it plans to add 200 staff over five years. Represented by Stephen Walsh BL, the company seeks orders directing the Garda Commissioner to register it as a relevant organisation, thereby allowing it to vet its own employees.
In High Court proceedings, applicant Ita Madden, of Viginia House, Lough Gowna, Co Cavan, brought an action against Xtrupak Limited and directors Darragh Reilly, John Reilly Snr, Christine Reilly, and John M Reilly. Ms Madden alleged that excessive noise and air pollution from the defendants' manufacturing facility, located at Lough View, Lough Gowna, had severely disrupted her family's health and living conditions. She claimed the noise levels exceeded planning permission conditions following an operational expansion in January of this year. Ms Madden sought an injunction restraining the company from commercial activity until specific modifications were completed. The defendants, represented by Daniel McNamara BL, stated they were prepared to contest the application but preferred to reach an arrangement. Counsel noted that granting the injunction would risk the jobs of over 44 employees. The defendants proposed offering accommodation to Ms Madden while noise alleviation works, expected to take several weeks, were completed. Ms Madden, who represented herself, requested time to consider the proposal and to seek legal representation. Mr Justice Brian O'Moore adjourned the matter to a date later this month, encouraging the parties to continue seeking a resolution.