Court archive

Stage Hearing Or Decision court reports

2023-03-14 · Mayo

Ammi Burke gets date for High Court challenge against Arthur Cox dismissal

A solicitor from Castlebar, Co Mayo is pursuing a High Court judicial review challenge against a Workplace Relations Commission decision rejecting her unfair dismissal claim against law firm Arthur Cox LLP. Ammi Burke was dismissed from the firm in November 2019 and lodged a complaint with the WRC, which was subsequently rejected by an independent adjudication officer. Ms Burke contends the adjudication officer's decision was flawed and made in breach of fair procedures. She argues that under the Unfair Dismissals Acts, adjudication procedures must be inquisitorial in nature and claims the officer refused to summon two witnesses she wished to cross-examine and failed to have certain emails produced as evidence. Arthur Cox LLP denies the claims and will oppose the application. The High Court hearing is scheduled for May 2nd and is expected to last one and a half days. Mr Justice Charles Meenan confirmed he will not preside over the case.

2023-03-14 · Wexford

Fashion influencer's firm gets undertakings over alleged trademark infringement

Haremi Limited, the clothing company co-owned by Paul Quinn and Rosie Connolly Quinn, brought High Court proceedings against Safet Duran, Mohsan Bari, and Independent Clothing Ltd over alleged trademark infringement. The plaintiff claimed that garments bearing its '4th ARQ' trademark were discovered for sale at Bella Moda in Gorey, Co Wexford, and Elle Boutique in Tallaght, Dublin. Haremi alleged these items originated from a rejected batch ordered from Independent Clothing Ltd, which it claimed was substandard and poorly constructed. The company sought an injunction restraining the defendants from dealing in goods bearing its trademark, as well as orders requiring the disclosure of supplier and customer details. When the matter returned before Mr Justice Brian O'Moore on Tuesday, counsel Kelley Smith SC informed the court that the proceedings had been adjourned after the defendants provided certain undertakings. These undertakings included an agreement to make specific disclosures to Haremi, which have been complied with. Counsel stated that Haremi was satisfied with the progress, noting that the only remaining issue in its injunction application concerned the allocation of legal costs. Mr Justice O'Moore agreed to adjourn the issue of costs to a date later this month. The matter was therefore adjourned, with no final determination on the substantive claims or costs at this stage.

2023-03-14 · Donegal

Department store ordered to pay worker discriminated against due to post natal depression

The Workplace Relations Commission has ordered Edward Slevin & Co Ltd, trading as Slevins Department Store in Ballyshannon, County Donegal, to pay €5,500 in compensation for discriminatory dismissal. The adjudicating officer found that a worker had been discriminated against on grounds of disability relating to post-natal depression. The complainant alleged she was denied hours of work in July 2021 following her maternity leave, after informing management of her illness. The store's owner disputed that a dismissal had occurred, characterising the matter as a miscommunication between staff. The adjudicating officer determined that whilst dismissal may not have been intentional, the complainant was deprived of employment and income through discrimination based on her disability. The officer noted deficiencies in the respondent's handling of employment law and disability rights, and structured the compensation to include a deterrent element.

2023-03-13 · Cork

'Apprehension of bias' in judge's overturning of traveller credit card discrimination case, High Court told

In March 2023 the High Court heard a challenge to a Circuit Court decision that overturned a Workplace Relations Commission finding that a hotel owned by Supermac's founder Pat McDonagh had discriminated against a Traveller family. The family, consisting of Bridget O'Reilly, her partner Philip O'Neill and two children, had been denied accommodation at the Charleville Park Hotel after booking online and presenting a debit card and a cheque. The hotel insisted a credit card in the name of the guest was required. The WRC awarded the family €22,000 for discrimination, but the Circuit Court set aside that finding, ruling the hotel's credit‑card policy was lawful. The family's lawyers now seek a judicial review, alleging the judge's conduct created a reasonable apprehension of bias, including the use of the term "itinerants" and praise of the hotel's witness. The High Court has adjourned the case to May pending a transcript of the Circuit Court hearing.

2023-03-10 · Dublin

RNLI UK headquarters regard Ireland with 'contempt', ex manager tells WRC

Seán Dillon, former RNLI country manager for Ireland, told the Workplace Relations Commission that staff at the charity's UK headquarters treated Ireland with contempt, calling it a "poor relation." He alleged that the organisation was a "governance basket case," citing non‑compliance with maritime regulations, inadequate safeguarding, and a lack of new lifeboats for Ireland. Dillon said volunteers were issued out‑of‑date kit and training, and that Irish donors' cheques were diverted to UK accounts. He claimed he was unfairly selected for redundancy and denied an interview for a new regional head role, which went to a UK employee. Dillon's redundancy was upheld on appeal, and he subsequently took a temporary contract with another charity, losing pension contributions and facing mortgage difficulties. The RNLI did not attend the hearing, which was adjourned by the adjudicator.

2023-03-09 · Ireland

Graphic designer left on Covid layoff for 17 months wins €34k for constructive dismissal

Ciarán Roche, a graphic designer, claimed constructive dismissal after 17 months on layoff following Covid‑19. He said the employer, 3rockeco Limited, excluded him from work, meetings, and a staff barbecue, and omitted his photo from a rebranded website. Roche lodged a grievance in July 2020, which the company allegedly failed to address, and was offered no alternative roles despite meeting criteria for a February 2021 position. The tribunal found the company's failure to engage with his grievance constituted a repudiatory breach of contract. Roche's lawyer argued the company's actions amounted to constructive dismissal. The adjudicating officer upheld the unfair dismissal complaint, awarding Roche €33,718 for the dismissal and €3,728.28 for a breach of the Terms of Employment (Information) Act, totaling €37,446. The decision was based solely on the evidence presented in the tribunal hearing.

2023-03-09 · Dublin

Family of 'meticulous, safety conscious' worker call for change in policy on workplace deaths

The family of Richard Gracey, a 64‑year‑old cargo loader who died after falling five metres from a plane at Dublin Airport on 24 November 2018, has asked that families receive more information about workplace deaths without waiting for a prosecution to finish. Gracey, who worked for Swissport Ireland since 2005, was unloading an Air France Boeing 777 when he fell headfirst onto the tarmac. The court heard that the main deck loader was 2.7 metres from the aircraft door, a gap that should have been no more than three inches, and that a yellow safety net was not attached correctly. Swissport admitted it had failed to provide adequate fall‑prevention measures and was fined €250,000. The judge noted that if the loader had been flush to the plane, the fatal accident would not have occurred, and the family's impact statement described profound grief and anger at the loss of a meticulous, safety‑conscious worker.

2023-03-08 · Ireland

'Very intimidating' landlord ordered to pay HAP recipient €15k

In a 2023 Workplace Relations Commission hearing, tenant Magdelena Kotecka claimed that landlord Michael Woodlock, who had previously refused to sign Housing Assistance Payment (HAP) paperwork, called her home in 2020 demanding the full rent after her HAP payments had stopped. Kotecka said she had been able to meet the rent with her terminally ill ex‑husband's help until his death in September 2021, after which she could only afford €100 a week and later €50. Woodlock allegedly threatened to evict her if she could not pay the full amount, and Kotecka reported feeling "very intimidating" and pressured into paying the full rent from May 2020. The tribunal found Woodlock's conduct "at the upper end of the scale" of discrimination and awarded Kotecka the maximum €15,000 compensation under the Equal Status Act 2000.

2023-03-08 · Dublin

Ex Lord Mayor says she wouldn't discriminate against Church of Flying Spaghetti Monster

In a Workplace Relations Commission equality hearing, former Dublin Lord Mayor Hazel Chu denied discriminating against atheist campaigner John Hamill or his Church of the Flying Spaghetti Monster. Chu explained that she had invited various non‑religious groups to the Mansion House garden during the Rewind 2020 series, but that only volunteer and support groups were accepted after May 17, 2020. Hamill claimed he was denied a slot for his non‑religious ceremony and that the council's policy shifted from an umbrella group to a Lord Mayor‑directed approach. Chu said the council's barrister argued the Equal Status Act does not cover group discrimination and that the garden was within the act's provisions. The case was adjourned for a written decision.

2023-03-07 · Dublin

Plan to save trade finance companies to be put to creditors

The High Court heard that Mr Declan McDonald of PWC has been appointed examiner to Tower Trade Finance Ireland Limited (TTFI) and Deal Partners Logistics Ltd (DPL). TTFI has a net asset deficiency of €10.1 million and DPL €9.5 million. The companies attribute their financial difficulties to the collapse of JACC Sports Distributors and other issues, including fraud and client insolvencies. Mr McDonald has prepared an interim report and is working on a scheme of arrangement with creditors, hoping to present it before the end of the 100‑day examinership period. John Lavelle BL, representing the examiner, said creditors would benefit from a survival plan rather than liquidation. The court noted that both firms owe creditors over €13 million and that directors have committed €400 000 for the scheme. No objections were raised to extending the examinership period. The court heard that the examiner's report indicates a reasonable prospect of survival if the scheme is approved.

2023-03-06 · Dublin

Clothing line co-owned by 'influencer' takes action over alleged trademark infringement

Haremi Limited, a clothing company co‑owned by fashion blogger Rosie Connolly Quinn and her husband Paul Quinn, has brought High Court proceedings against three parties it says have engaged in 'passing off' its trademarked brand 'The 4TH ARQ'. The claim arose after Haremi discovered hoodies, sweatpants and jumpers bearing its logo being sold at two fashion outlets – one in Dublin and one in Co Wexford – despite the company's policy that its goods can only be purchased through its website. Haremi alleges the items were supplied by Independent Clothing Ltd, a supplier it had rejected last year, and that the garments were inferior and substandard. The court granted Haremi permission to serve short‑notice injunction proceedings on the defendants and adjourned the matter to Friday's sitting. Haremi seeks injunctions restraining the defendants from selling, marketing or dealing in goods bearing its trademark, and orders to disclose the names and addresses of all suppliers of such goods.

2023-03-06 · Cork

Agency ordered to pay interpeter for unfair dismissal

Forbidden City Ltd, trading as Translation.ie, was ordered by the Workplace Relations Commission to pay €2,000 to interpreter Angela Nagle for unfair dismissal. Nagle, who had worked for the agency since 2009 providing Eastern European language services in courts, Garda stations and hospitals, was dismissed in December 2021 after the agency shifted her from payroll to invoicing, citing new Revenue guidance on self‑employment. Nagle claimed she had been an employee, having received employment slips and tax deductions, and that the agency had failed to provide a contract. The tribunal found evidence of mutuality of obligation, noting Nagle's frequent presence where directed and the agency's payroll practices. The adjudicator concluded Nagle was an employee and had been unfairly dismissed, awarding the €2,000 compensation.

2023-03-06 · Dublin

Petition to wind up recycling firm is formally withdrawn

An application to wind up Cloughwater Plastics Ireland Limited, a Dublin‑based plastics recycling firm employing 35 people, was formally withdrawn. The petition, originally brought by two creditors within the Van Werven Group, had been struck out after the Revenue Commissioners, who are also creditors, decided not to take over the application to appoint liquidators. The creditors had sought provisional liquidators due to concerns about the company's operations, but their claims were rejected by lawyers for director Shane Woods, who argued the matter was a shareholder dispute. Following out‑of‑court talks, the creditors withdrew the petition after shareholders entered into discussions about the firm's future. The court confirmed the strike‑out and upheld earlier cost orders. No liquidation or liquidation proceedings were ordered, and the company remains operational at Rosemount Park, Ballycoolin, Dublin 11. The case remains at the petition stage, with no further action taken by the court.

2023-03-03 · Ireland

Woman's bid to prevent dismissal from employment is rejected by High Court

In a High Court decision on 3 March 2023, Ms Justice Eileen Roberts dismissed a woman's application for an injunction that would have prevented her public‑sector employer from terminating her contract. The woman, whose identity is protected because of a medical condition, had worked for the entity for less than a year and had sued for wrongful dismissal and breach of contract. She sought an injunction to restrain the termination, to keep the employer from commenting on her performance, and to require continued payment of salary, benefits and pension. The court found that she had not presented arguments strong enough to succeed at a full trial, and that the injunction would be inappropriate at this stage. The judge noted the employer's claim that dismissal occurred within the probationary period and that the woman's performance was unacceptable. The court also granted reporting restrictions to protect the woman's anonymity, and the case will be heard again at a later date.

2023-03-03 · Ireland

No 'master plan' in Debenhams redundancies, lawyers for liquidator maintain

The Workplace Relations Commission heard legal argument in a test case involving 750 to 800 former Debenhams staff represented by the Mandate trade union. The applicants allege that Debenhams Retail Ireland Ltd and its liquidators, Andrew O'Leary and Kieran Wallace of KPMG, failed to provide relevant information or conduct meaningful consultation under the Protection of Employment Act. Counsel for the union, Brendan Kirwan SC, argued that the obligation to consult was triggered by an April 8, 2020, board meeting and a subsequent letter from director John Bebbington. He cited the CJEU case of Fujitsu Siemens Computers Oy to assert that consultation must occur before decisions are finalized. Conversely, counsel for the respondents, Kelley Smyth SC, maintained that directors were taken by surprise when their UK parent cut credit lines and that no master plan for redundancies existed. She argued the consultation began in good time given the crisis. The hearing also addressed whether workers could pursue two sets of claims against the company and the liquidators separately. The tribunal is to issue a written decision in due course.

2023-03-03 · Monaghan

Planning Board concedes as permission for agri-food plant is quashed

An Bord Pleanála has conceded a High Court challenge to its decision permitting Abbott Ireland to extend its manufacturing facility near Dromore, Co Monaghan. The board's approval, which allowed the company to add approximately 2,661 square metres of laboratory, office, car park and warehouse space, has been quashed. John Morehart, owner of Bellamont Castle and surrounding lands near Cootehill, Co Cavan, sought judicial review on environmental grounds. He contended the board failed to properly assess the development under EU Environmental Impact Assessment requirements, noting the facility processes over 100 tonnes of raw material daily. Mr Morehart also claimed the board breached EU Habitats Directive obligations. Monaghan County Council had initially granted permission, which was appealed by both Mr Morehart and An Taisce. The High Court granted a formal order quashing the board's decision after it conceded the proceedings this week before Mr Justice Charles Meenan.

2023-03-02 · Ireland

Social media giants cooperating with MTU to prevent publication of hacked data

The High Court heard that Twitter, Facebook (Meta) and other social media platforms have cooperated with Munster Technological University (MTU) to prevent the publication of 6 GB of confidential data that was released by a suspected Russian‑based hacking group after MTU refused to pay a ransom. Mr Justice Brian O'Moore granted an extension of an injunction that bars anyone who knows of the order from publishing, making available or sharing MTU's data. The order also requires any holder of the data to return it to MTU. MTU's President Margaret Cusack testified that the court's order was "great assistance" and that platforms such as Reddit, Pinterest and Meta had worked with the university to keep the data off their sites. MTU's advisors at KPMG monitor the internet for references to the breach, and the university remains in contact with the Data Protection Commission, Gardai and the National Cyber Security Centre.

2023-03-02 · Ireland

School discriminated against father by keeping his photo for 'child protection' - but not that of child's mother

In a 2023 decision by the Workplace Relations Commission, a divorced father was found to have faced sexist discrimination when a school kept a photo of him for "child protection" purposes but did not do the same for his son's mother. The tribunal confirmed the school had validly enrolled the child without the father's consent, citing a signed enrolment form and no court order to the contrary. However, the father was denied a photo and key information on his son's file, which the school had redacted. The adjudicator ruled that the father was treated less favourably on the basis of gender, awarded €2,000 for the discrimination, and ordered the school to provide him with all relevant information about his son. The case highlighted the school's practice of accepting enrolment from one parent and the lack of evidence that the mother was required to provide a photo.

2023-03-01 · Dublin

Fair City star's employment rights battle with RTE gets further submissions

Lawyers for Fair City actor Tony Tormey have filed further submissions with the Workplace Relations Commission (WRC) in his employment rights claim against RTÉ. The WRC adjourned the matter to March 22 for an update. Tormey, who has played Paul Brennan since 1989, alleges he should be recognised as an employee under the Protection of Employees (Fixed‑Term Work) Act 2004, claiming a right to an indefinite‑duration contract from 2004. His lawyers intend to present 18 years of tax records and evidence from former executive producer Niall Mathews about the level of control RTÉ exercised. RTÉ argues Tormey was an independent contractor and has requested full audit details to examine other earnings. The case remains at the WRC, with no final decision yet.

2023-02-28 · Galway

'Attitude of inherent racism' likely at filling station ordered to pay taxi driver called n-word by attendant

In a 2023 decision, the Workplace Relations Commission awarded €7,500 to taxi driver Daniel Asari for discrimination after he was denied diesel and called the n‑word by an attendant at Sweeney Oil on Galway's Headford Road. The tribunal found a pattern of humiliating treatment over two nights in March and April, and that the company's failure to investigate or respond to Asari's complaints reflected an "attitude of inherent racism." The attendant, identified only as Mr P, allegedly refused to unlock the pump, filmed Asari, and used racial slurs. The company's manager, Liam Killeen, claimed no altercation over a sandwich order, but the tribunal noted Asari's active dispute. The ruling required the company to amend policies, establish a complaints procedure, and train staff on discrimination. The decision was made under the Equal Status Act 2000.

2023-02-27 · Dublin

Revenue seeks to take over petition to wind up recycling company

The Revenue Commissioners, represented by Sally O'Neill BL, announced on 27 February 2023 that it intends to take over a High Court petition to wind up Cloughwater Plastics Ireland Limited, a Dublin‑based plastics recycling firm. The petition, originally filed by two creditors within the Van Werven Group, sought provisional liquidators for the company, which recycles mixed rigid plastics into raw materials for re‑use. The creditors withdrew the petition after entering discussions with the company's Northern Irish partner, but Revenue remains concerned about the firm's operations and has a significant debt owed by Cloughwater. The court, presided over by Justice Miriam O'Regan, agreed to adjourn the matter for a week to allow Revenue to submit a formal application to assume the petition. The case involves other parties, including Repak, Fingal County Council, and the landlord of the company's premises, and the company is currently undergoing due diligence as part of the liquidation process.

2023-02-27 · Meath

Court makes logistics company directors personally liable for firm's €12.4m debts

In a High Court hearing on 27 February 2023, the court ordered that Stewart Alexander and Bill Henry, directors of the insolvent Boxer Logistics Ltd, be personally liable for the company's €12.4 million debt. The judgment was granted on a joint and severable basis after liquidators Tom Murray and Tom Musiol presented evidence that the directors deliberately under‑reported the firm's income and under‑paid taxes, including corporation tax, PRSI and VAT. The company had transferred large sums out of its main account, including €1 million to Alexander's personal accounts, €250 000 to a former employee and Ms Paula Loredana Hutu (Alexander's alleged lover), and smaller amounts to a Paddy Power account. Boxer Logistics also unlawfully received €1.9 million in Covid‑support schemes. The liquidators claimed that Alexander and Henry owe the company over €6 million, but received no payment.

2023-02-27 · Ireland

Worker who made claim over revoked job offer not an employee, WRC finds

The Workplace Relations Commission rejected a statutory pay claim by Predrag Grubisa, who said a withdrawn job offer from Brodericks confectionary forced his family to separate. Grubisa had prepared to move to Ireland, cancelling his lease and taking his son out of school, after signing a provisional contract with the company. The company argued that a change in ownership and a request from the Broderick family to halt new hires meant the contract was terminated to streamline the business. Grubisa claimed a three‑month notice period under the Payment of Wages Act 1991 entitled him to wages in lieu of notice, but the tribunal found he was not an employee and therefore the claim was not recoverable. The decision was issued on 27 February 2023.

2023-02-24 · Galway

Senator alleges government has 'unlawful' secret deal with Royal Airforce on intercepting aircraft

Senator Gerard Craughwell, represented by Richard Bowman of Bowman McCabe solicitors, has brought High Court proceedings against the Government of Ireland, Ireland, and the Attorney General. The applicant alleges that a purported secret agreement, established over 20 years ago following the 2001 terrorist attacks, unlawfully permits the Royal Air Force to intercept aircraft in Irish airspace. Senator Craughwell claims this arrangement is unconstitutional and was never approved by the Dáil or the Irish people via referendum. He asserts that the agreement constitutes an unlawful abdication of the Government's constitutional duties and a breach of Articles 1, 5, 6, 13, 15, and 28 of the Constitution. The Government has filed a defence, raising preliminary issues including whether the Senator has the legal standing to bring the challenge. The case is currently at the hearing or decision stage, with the matter listed before the High Court on Monday. At this procedural stage, the court is expected to consider further legal directions and a potential hearing date for the action, which the Senator seeks to be heard as soon as possible. The applicant seeks declarations that the agreement is impermissible and an order restraining the government from legislating to give it effect without a referendum. The matter remains ongoing, with no final judgment or sentence issued at this stage.

2023-02-24 · Roscommon

Publican who cancelled booking under 'known Traveller surname' must pay compensation

A publican in Arigna, County Roscommon, has been ordered to pay €3,000 compensation to Bernard Ward following a determination by the Workplace Relations Commission that he unlawfully cancelled a memorial party booking on grounds of the complainant's membership of the Travelling Community. Mr Ward initially contacted the proprietor of the Miner's Bar with his surname misspelled due to autocorrect, receiving provisional acceptance. After clarifying his correct surname, Ward, in a subsequent text, the booking was cancelled, with the publican citing concerns about Covid-19 public health restrictions. The bar owner denied discrimination, asserting he was unaware of the surname's connection to the Travelling Community and that uncertainties regarding vaccination certificates prompted the cancellation. Adjudicating officer Emer O'Shea found no material change in regulations or government announcements between acceptance and cancellation, and determined the only substantive difference was disclosure of Mr Ward's surname. She upheld the complaint under the Equal Status Act 2000, finding the publican had failed to convincingly rebut an inference of discrimination.

2023-02-23 · Ireland

Terenure College Case: Victim Impact Statement of Paul Kennedy

Paul Kennedy, a former Terenure College student, delivered a victim impact statement in which he described how he was groomed by John 'Doc' McClean, a senior teacher, after his father's terminal cancer diagnosis. Kennedy said McClean promised to help him and then began sexual predation, which he claims eroded his innocence and led to a lifelong distrust of authority. He recounted being warned by older boys to avoid McClean and the daily bullying and sexual sleaze he endured. Kennedy reflected on how the abuse shaped his defiant personality and his survival strategies, noting that he only confronted the trauma after the birth of his son in 2019. He concluded that acknowledging the abuse was a form of strength, and he expressed gratitude for the resilience he found within himself to move forward.

2023-02-22 · Cork

Provisional liquidators appointed to software firm after proposed Bank of America investment falls through

The High Court appointed Ken Fennell and Andrew O'Leary of Interpath Advisory Services as provisional liquidators for Marco Polo Network Operations (Ireland) Limited, a software firm that supplies online payment platforms to corporate customers. The appointment followed the collapse of a proposed US$12 million partnership with Bank of America, which had been negotiating a strategic alliance to replace the bank's internal account automation service. The company, which has been trading since 2016 and employs 91 people, now faces debts exceeding €5.2 million, with current liabilities outstripping assets by €2.5 million. Revenue is the largest creditor, owed €2.6 million. The liquidators were granted extensive powers to sell or preserve core assets, negotiate with employees, and manage the firm's business, with directors required to submit statements of affairs within 21 days. The matter was adjourned to early March.

2023-02-22 · Dublin

Musician sues U2 claiming unlawful use of song

Maurice Kiely, a Dublin musician, has sued U2 Ltd for damages, alleging that the band unlawfully used a song he claims to have written, titled "A Man and A Woman." He says he composed the track in the 1990s, performed it for U2 bassist Adam Clayton, and agreed that the band could perform it under certain conditions. Kiely contends that U2 breached the contract and his copyright by performing the song live and crediting it to Bono and the Edge on their 2004 album *How to Dismantle an Atomic Bomb*. The company, represented by Kelley Smith SC, denies all allegations. Kiely, representing himself, has requested the court to address his interrogatories, which the company has refused to answer, claiming irrelevance. Mr Justice Brian O'Moore adjourned the pre‑trial motion to 10 March, citing a full March docket but acknowledging the plaintiff's medical urgency for an earlier hearing. The case remains pending.

2023-02-21 · Tipperary

Supreme Court to hear challenge to widower's pension refusal

The Supreme Court has agreed to hear a direct appeal by John O'Meara and his three children against the Minister for Social Protection's refusal to grant them the Widower's Pension. O'Meara's partner, Michelle Batey, died of Covid‑19 in January 2021 after a 20‑year cohabitation. The applicants argued that sections of the 2005 Social Welfare Consolidation Act that exclude non‑married partners from the pension amount to discrimination. The High Court, in a decision by Mr Justice Mark Heslin, rejected the claim, stating that the pension is intended for married spouses or formal civil partners and does not apply to cohabiting couples or children. The Supreme Court panel, comprising Mr Justice Peter Charleton, Mr Justice Seamus Woulfe and Mr Justice Maurice Collins, granted leave to hear the appeal, noting that it raises complex issues of public importance, including the constitutionality of the Act and the purpose of the pension. A hearing date will be set later.

2023-02-21 · Dublin

UK company alleged to have fraudulently claimed ownership of Dublin office block

In the High Court, owners Michael O'Shea and Eithne Uí Riordan of ADT House, Crossguns Bridge, Dublin 7, are suing UK-based SLGI (Holdings) Plc for allegedly fraudulently claiming ownership of the office block. The plaintiffs allege SLGI unlawfully registered itself as proprietor and terminated a lease with tenant ADT Ltd, receiving €246,000, despite never being the lawful owners. While proceedings against third parties ADT Ltd, American District Telegraph Services International Ltd, and the Property Registration Authority (PRA) have been settled, the case against SLGI remains active. Counsel Stephen Dowling SC informed Mr Justice Brian O'Moore that the dispute with the ADT parties and the PRA was resolved, with no fraud alleged against those entities. The owners previously secured an order rectifying the land registry to remove SLGI as the registered owner. SLGI's solicitors intend to bring a motion in April to come off record. The court agreed to adjourn the matter to April to allow for the implementation of the settlement. The case against SLGI was not concluded and remains pending.

2023-02-20 · Derry

Derry man fears biological father's convictions blocking him from joining army

A 24-year-old man from County Derry has initiated a High Court judicial review challenge against the Defence Forces following the rejection of his application to join the Permanent Defence Forces. Ronan Corey, with an address in Magherafelt, was initially accepted into the PDF subject to vetting procedures and was instructed to report to Finner Camp in County Donegal to commence training. After passing all medical, fitness and vetting assessments, his enlistment offer was suspended in July and he was required to undergo re-vetting at Cathal Brugha Barracks in Dublin. In September, he was removed from the recruitment competition for failing security vetting, with no substantive reasons provided. Mr Corey contends that the decision may be linked to convictions held by his biological father during the Troubles, from whom he has been estranged since childhood. He claims this amounts to a breach of fair procedures and constitutional justice. His counsel argues that the absence of adequate reasons for the decision constitutes a procedural violation.

2023-02-17 · Dublin

High Court appoints examiner to trade finance companies

The High Court appointed insolvency practitioner Declan McDonald of PWC as examiner to Tower Trade Finance Ireland Limited (TTFI) and Deal Partners Logistics Ltd (DPL). TTFI has a net asset deficiency of €10.1 million and DPL €9.5 million. Both companies suffered financial difficulties after the liquidation of JACC Sports Distributors, which had supplied sports kits to the FAI. TTFI provided trade finance through loans or purchasing goods and reselling them, while DPL raised funds from individual shareholders. Investors expressed concerns, with a straw poll showing a majority opposed to examinership. The judge noted that the companies owe creditors over €13 million and that an independent report suggested a reasonable prospect of survival if a scheme of arrangement is approved. The examiner has up to 100 days to prepare a survival scheme, and the matter was adjourned to early March.

2023-02-17 · Galway

Council 'doesn't seem to have got memo' about opposing certain applications, judge notes in Kylemore Abbey case

In a High Court preliminary ruling, Mr Justice Richard Humphreys allowed the Friends of the Irish Environment (FIE) to have its judicial review case against Galway County Council admitted to the Commercial Planning and Strategic Infrastructure Development List. The case concerns emergency flood‑relief works near Kylemore Abbey, which FIE argues were authorised under the 1949 Local Authorities Act in breach of EU environmental law. The council opposed admission, citing potential cost increases, but the judge found the council's objections unclear and largely unfounded. He noted that specialised lists reduce hearing times and costs, and that the council's claim of a floodgate effect was overblown. The decision recognises the commercial benefit of a quicker, cost‑effective hearing and may influence future public‑works disputes. The case will be heard in detail at a later date.

2023-02-17 · Ireland

HSE failed to make appearance in pay claim where psychologist wrongly left on part time pay for years

The Workplace Relations Commission ruled that the Health Service Executive (HSE) failed to appear or defend itself in a pay claim brought by psychologist Diane O'Mahony. O'Mahony had been on a three‑year job‑sharing arrangement that ended when her partner left, leaving her with a "significant unmet clinical need" and increased responsibility. She sought to return to full‑time hours in March 2020 and again in May 2020, but her manager, Ms A, repeatedly denied her requests and gave no satisfactory explanation. After O'Mahony engaged a solicitor in June 2021, the HSE still did not respond. The tribunal found that O'Mahony was entitled to full‑time pay, as the job‑sharing contract had been in place for over three years and a suitable vacancy existed. The HSE was ordered to pay the difference between December 2020 and June 2021, amounting to €23,452.71, and the claim for €23,500 was upheld.

2023-02-15 · Dublin

Council can take part in contested bid to wind up recycling firm

Fingal County Council has been authorised by a High Court judge to submit a sworn statement in a contested application to wind up Cloughwater Plastics Ireland Limited, a plastics recycling firm. The application was brought by two creditors within the Van Werven Group, who argue the company is insolvent and cannot meet its debts. The creditors, Kunststof Recycling Van Werven BV and Van Werven Plastic Recycling Holding BV, claim they are owed €1.86 million and €477,000 respectively, and seek the appointment of provisional liquidators. Cloughwater's director, Mr Shane Woods, and the company's managing director deny insolvency, describing the dispute as a shareholder matter. The court has allowed the council to file its statement and will hear the case again on Friday. The firm employs 35 people and operates a recycling facility in West Dublin.

2023-02-15 · Dublin

Over €1m in assets linked to senior Kinahan cartel member are proceeds of crime

In a 2023 High Court ruling, Mr Justice Alexander Owens held that more than €1 million in assets linked to Ross Browning, a senior member of the Kinahan cartel, were obtained from the proceeds of crime. The seized assets included cars, jewellery, designer watches, a horse‑riding arena complex in North County Dublin, a property in Garristown, lands in Rush, and a house on Deanstown Road, Finglas. Owens found that Browning's involvement in organised crime was "probable" and that the assets were acquired either directly or indirectly from criminal proceeds. He rejected most arguments from Browning's relatives about legitimate sources, noting that Browning's financial means between 2011 and 2017 were modest and could not support the purchases. The court also directed that certain relatives receive a share of the proceeds from the sale of seized properties, while confirming that the assets were indeed proceeds of crime.

2023-02-15 · Ireland

'F*** off with yourself now, you are fired': garage worker of 51 years told

A man who had worked for 51 years at a garage was dismissed on 17 December 2021 after the co‑owner threatened him with a gun. The worker, who began in July 1970 and earned a flat €450 a week, claimed he worked 68‑hour weeks and that the dismissal was unfair. He also alleged that the owners recorded him taking cash for coal sales and that 44,200 litres of gas were missing, an issue now part of a criminal investigation. The Workplace Relations Commission found the dismissal was without notice and that the employer failed to follow fair procedures, awarding €10,000 for the dismissal. It also found three breaches of the Organisation of Working Time Act, awarding €5,000 for each breach and €1,800 for failing to provide a statement of terms, for a total of €30,400 in compensation and redress. The worker was not awarded a claim under the National Minimum Wage Act.

2023-02-14 · Clare

Cleaner who showed 'utter disregard towards her duties' wins unfair dismissal claim

The Workplace Relations Commission ruled that the Irish Aviation Authority must pay €2,815 in compensation to Anne Millar, a cleaner who had worked for 27 years at the Shannon aviation radio station. The commission found that Millar's dismissal was unfair because procedural defects marred the disciplinary process. The key unfairness was that the line manager and supervisor of Millar, Mr Winship and Mr Whitsell, carried out the entire process, including the decision to dismiss, without proper separation of duties. The commission also noted that Millar was the last cleaner directly employed by the IAA under a public‑sector contract that had been in place since 2002, and that she had been aware of her underperformance. The IAA had argued the dismissal was lawful on grounds of underperformance, but the tribunal found that the complaints came from a subcontractor cleaner with a vested interest.

2023-02-14 · Ireland

Appeal to Pope, not WRC, man told as claim over marriage annulment rejected

In a 2023 case, a layman who had been declared a null marriage by a Catholic Church marriage tribunal under canon law filed a discrimination claim under the Equal Status Act 2000, alleging disability discrimination. He argued that the tribunal's annulment declaration had insulted him and portrayed him as financially and domestically dependent. The Workplace Relations Commission (WRC) ruled it had no jurisdiction over the tribunal's adjudicative work, noting that the tribunal's decision‑making function lay outside the definition of a "service" under the Act. The WRC found the man's claim was motivated by unhappiness with the annulment and that he had not pursued an appeal to the Pope, the only remaining avenue to challenge the annulment. Consequently, the WRC dismissed the discrimination claim, concluding the tribunal's actions did not constitute unlawful discrimination.

2023-02-13 · Dublin

Dad made 'terrible decision' to start dealing drugs during Covid

In a Dublin Circuit Criminal Court hearing, Kaua Da Lima, 27, and his wife Natila Vargas, 34, pleaded guilty to possessing cannabis for sale or supply at their rented home in Fairview, Dublin 3, where they were raising an eight‑month‑old baby. Da Lima, a delivery cyclist, admitted he began dealing drugs during the Covid‑19 pandemic to support his family, citing financial hardship. Vargas, a healthcare worker caring for their child, also pleaded guilty. Gardaí discovered six cannabis plants in a bedroom wardrobe, with heat lamps and a fan, and nearly half a kilo of cannabis herb, valued at just under €14,000. Da Lima received a three‑year custodial sentence, suspended on conditions, while Vargas was fined €200, a fraction of the €2,500 maximum for possession. Both had no prior convictions and had not been previously known to the Gardaí.

2023-02-11 · Ireland

Russian hackers hold university to ransom, threaten to release student information

In a High Court hearing on 11 February 2023, Munster Technological University (MTU) reported that it had been targeted by a ransomware group known as ALPHV, also called BLACKCAT or NOBERUS, believed to be based in Russia or the former Soviet Union. The attackers, allegedly former members of the REvil group, had infiltrated MTU's IT system and issued a ransom note demanding a substantial payment by 11:45 pm on 10 February. MTU refused to pay and threatened that the attackers would publish confidential data about staff and students. The court granted an emergency temporary injunction preventing the attackers and anyone with knowledge of the order from publishing or sharing any of the university's confidential material, and requiring any such material to be handed over to MTU. The injunction also allowed MTU's lawyers to serve notice on the parties believed to be behind the attack via the Darknet page where the ransom note was posted.

2023-02-10 · Limerick

Roadbridge workers get orders bringing severance pay up to Irish rates

Five former Roadbridge construction workers have been awarded a combined €60,000 to bring their UK severance pay up to Irish rates following the collapse of the company last year. The workers, including senior managers and foremen with decades of service, were also awarded between six and eight weeks' wages as notice pay. The workers had transferred from Roadbridge Ireland Ltd to a UK-registered entity and claimed their redundancy entitlements should be calculated using the Irish system rather than the British one. Siptu official Deirdre Canty stated that the workers were paid a much smaller severance package than they were due, as their redundancy entitlements were calculated using the British system. The adjudicating officer, Pat Brady, noted that the Redundancy Payments Act 1967 allows for redundancy payments in cases where a worker is made redundant while working abroad.

2023-02-09 · Dublin

GAA club denies mother's claims that children are banned from participating

In a High Court hearing on 9 February 2023, a Dublin GAA club, Fingallians, denied a mother's claim that her four children were banned from club activities. The mother, Sinead O'Farrell, had sued club officials, including the chairperson, vice chairperson, secretary, juvenile chairperson, children's officer and disciplinary chairperson, seeking an injunction to remove the alleged ban. Barrister Micheál Ó Scanaill SC, representing the club, told Justice Brian O'Moore that there was no evidence the children were banned and that the dispute should be resolved through the GAA's Disputes Resolution Authority rather than the High Court. O'Farrell's counsel argued the children were entitled to participate fully and that the injunction should be heard promptly. Justice O'Moore set the hearing for 17 February, noting the case was unusual and that the injunction application should be considered as soon as possible. The court also heard that the children are paid‑up members and participate in football and hurling.

2023-02-09 · Meath

'I sat at the side, waiting and watching': Tayto Park accused of discriminating against disabled mum

Alison Walsh, a disabled mother of two from Enfield, Co Meath, claimed that Tayto Park discriminated against her when it refused to issue a queue assistance pass because she could not produce a doctor's letter. She had shown her disabled driver's badge, adapted car licence and Public Services Card, but could not find medical correspondence on her phone that day. The park's policy required a letter stating an exact diagnosis for those with an "inability to queue." Walsh, who suffers from muscle seizures, spasms and incontinence due to spina bifida and neurosarcoidosis, said she was forced to wait on the side while her family enjoyed the park. The case was heard by the Workplace Relations Commission under the Equal Status Act 2000, with the park's managing director acknowledging the policy's shortcomings and promising that future visitors with a blue badge could receive a pass at the discretion of a manager.

2023-02-08 · Dublin

Creditors seek orders winding up recycling firm

Two creditors belonging to the Van Werven Group, claiming a debt of €2.3 million, have applied to the High Court for orders to wind up Cloughwater Plastics Ireland Limited, a joint venture with Cloughwater Enterprises Limited. The creditors, Kunststof Recycling Van Werven BV and Van Werven Plastic Recycling Holding BV, allege that the company is insolvent, has been mismanaged by its managing director Shane Woods, and that its books contain discrepancies. They also claim the firm no longer holds a licence to export its products and has overcharged the Irish recycling body REPAK, owing it more than €562,000 with a potential additional €600,000. The creditors seek the appointment of joint provisional liquidators, Ken Fennell and Andrew O'Leary of Interpath Ireland, to investigate and manage the company's affairs. The application was heard by Mr Justice Brian O'Moore, who directed that it be served on the company and other interested parties before being considered further.

2023-02-07 · Cork

Supreme Court to hear developer's appeal over ex business partner's insolvency agreement

The Supreme Court has agreed to hear an appeal by developer Michael O'Flynn against a ruling that barred him from objecting to a Personal Insolvency Agreement (PIA) entered into by former business partner John O'Driscoll. O'Flynn alleges that O'Driscoll owes him more than €750,000 and that O'Driscoll was not insolvent when the PIA was granted. He claims he advanced a loan to a pub business in which O'Driscoll was involved, and that O'Driscoll became a signatory to a €2.2 million loan guarantee in favour of O'Flynn and a shareholder in the business. O'Driscoll denies the insolvency claim and insists his PIA should remain undisturbed. The High Court had previously ruled that O'Flynn lacked locus standi because he did not file a proof of debt.

2023-02-07 · Ireland

Group behind parenting website EveryMum ordered to pay over maternity discrimination

The publishing group behind the parenting website EveryMum, Zahra Publishing Ltd, was ordered by the Workplace Relations Commission to pay sales executive Sandra Varian €32,500 for maternity‑related discrimination. Varian, who joined the firm on 1 July 2021 as group sales director, informed the CEO on 5 August 2021 that she was 12 weeks pregnant. The company claimed she was dismissed for poor performance, citing a series of meetings and a reduced sales target of €100,000 by 13 December. Varian's solicitor argued that the company's decision to terminate her was linked to her pregnancy, noting that a former colleague had her probation extended despite lower sales. The adjudicating officer, Hugh Lonsdale, found that the employer failed to prove the adverse treatment was unrelated to pregnancy and awarded Varian compensation equivalent to six months' salary.

2023-02-03 · Laois

Tesco manager subjected to five-hour 'interrogation', WRC hears

Brian Scully, a night manager at Tesco's Portlaoise store, was dismissed after a company investigation into alleged breaches of checkout procedures. Tesco claimed Scully had served himself at the till and taken a pack of cigarettes without paying, citing loss‑prevention software and CCTV evidence. Scully admitted serving himself but argued he forgot to pay for the cigarettes, stating he intended to pay between 7am and 8am. The investigation, conducted the day after his shift, lasted over five hours and was described by his legal team as an aggressive, pre‑judged interrogation with only 14 hours' notice. The Workplace Relations Commission found the dismissal procedurally and substantively unfair, awarding Scully €23,000 in compensation for the unfair dismissal. The tribunal noted the investigation's lack of impartiality and the impact of pre‑judgement on the outcome.

2023-02-03 · Meath

Last minute bid to halt demolition of house built without permission 'an abuse of process', council say

Meath County Council told the High Court that a last‑minute legal action by plumber Michael (Chris) Murray and his wife Rose to stop the demolition of their 588‑sq‑metre house, built without planning permission, was an abuse of process. The couple had previously agreed in 2020 to vacate and allow demolition by 24 September 2022, following a settlement after a decade‑long dispute. In September 2022, their lawyers obtained a temporary injunction preventing demolition, citing new evidence that a Section 47 order on the land had never been formally entered. The council, represented by Deirdre Hughes, seeks to set aside the injunction and argues the action is an abuse of process. The High Court will hear the case later this month, with the injunction to remain until the full trial.

2023-02-03 · Ireland

Painter-decorator claims he was assaulted by boss

A Workplace Relations Commission hearing concluded with a decision in favour of painter-decorator Shadeem Khan, who alleged he was assaulted by his former employer while seeking unpaid wages. Khan claimed he was left in financial difficulty after VS Painting and Decorating Solutions failed to pay for eight and a half days of work performed between Christmas Eve 2021 and 3 January 2022. He stated that he went to the employer's home in desperation to collect €1,645 in owed wages, during which he was assaulted. Khan reported the incident to An Garda Síochána, which advised him to pursue a civil remedy. The statutory complaint under the Payment of Wages Act 1991 was heard by adjudicating officer Michael MacNamee on 9 December last year. The employer was on notice but did not attend or submit written evidence. Relying on Khan's uncontroverted sworn evidence, MacNamee found that the wages had been unlawfully withheld. The tribunal ordered VS Painting and Decorating Solutions to pay Khan €1,645, subject to tax and statutory deductions. The decision was published recently, resolving the wage dispute in the applicant's favour.