Court archive

Stage Hearing Or Decision court reports

2022-12-08 · Dublin

Caterer says 'entire business and livelihood' will end on Christmas Eve

A catering company owner has brought proceedings in the High Court seeking an injunction to prevent termination of a contract with a major Dublin bakery. Ciaran Monaghan, trading as Ciaran Monaghan Catering, claims his firm has supplied catering services to Brennan's Bakery in Walkinstown, Dublin 12, for 28 years and currently employs nine staff members. The bakery notified the company in June of its intention to terminate the arrangement and invite tenders from competing vendors, with the contract set to end on Christmas Eve. Mr Monaghan contends the tendering process has stalled and the company has refused to extend the notice period. He argues the six-month timeframe is insufficient to manage redundancy obligations to his employees. Mr Justice Brian O'Moore granted permission on an ex-parte basis to serve short notice of proceedings. The case was adjourned and will return before the High Court the following week.

2022-12-08 · Ireland

Cabin crew manager loses claim that Aer Lingus uniforms 'sexualise' female attendants

Elizabeth Barry, a cabin crew manager, claimed Aer Lingus' 2020 uniform design, created by Louise Kennedy, sexualised female attendants by requiring high‑heeled shoes and nylons, and that it was less practical than the male uniform. She argued the uniform's jacket sleeves, cardigan, and blouse holes exposed skin and were humiliating. Barry also alleged a 50% pay cut during Covid‑19 was unlawful. The Workplace Relations Commission rejected both the discrimination and pay‑cut claims. The airline said Barry had not raised concerns internally, that extensive staff consultation and wearer trials had informed the design, and that the uniform's features did not constitute discrimination. The commission found no discrimination and dismissed the pay‑cut claim, noting the pandemic's impact on employment contracts. The decision was issued on 8 December 2022.

2022-12-07 · Limerick

CAB claims that car dealership was used to launder drug money

In a High Court hearing on 7 December 2022, the Criminal Assets Bureau (CAB) sought to have 111 cars seized from Stephen Bawn Motors Ltd and €20,000 in a linked bank account declared proceeds of crime under the 1996 Proceeds of Crime Act. The cars, sold at auction for €820,000, were bought by the dealership, which began trading about seven years earlier, with money allegedly derived from illegal drug dealing. CAB alleged that the dealership was used by individuals with links to local, national and international criminals, including Christy Keane and the Kinahan gang, to launder drug proceeds and that the owner, Mr Mike Nash, was involved in drug importation and sale. The company and Mr Nash denied the claims. CAB also cited VAT fraud and other illegal activities. The case is pending before Mr Justice Alexander Owens.

2022-12-07 · Ireland

Florist made redundant after going on PUP wins unfair dismissal claim

A Workplace Relations Commission adjudicating officer has upheld complaints by Mary O'Gara against Flowers Made Easy Ltd under the Unfair Dismissals Act and the Terms of Employment (Information) Act. The decision, published this morning, found that Ms O'Gara's dismissal by way of redundancy in November 2020 was unfair. The employer argued that the complainant was a "one-person wedding department" and that the pandemic made the wedding trade unviable. However, the adjudicating officer noted that Ms O'Gara performed duties beyond wedding work, including corporate clients and floristry classes, and that the company did not consider restructuring options or consult her. The officer concluded the decision was not for reasons unrelated to the employee, citing evidence that she was paid more than other florists. Consequently, Flowers Made Easy was ordered to pay €12,168 for unfair dismissal. Additionally, the firm was found to have breached the Terms of Employment (Information) Act by failing to issue terms and conditions to Ms O'Gara following a change in ownership in January 2020, resulting in a further award of €1,872. The total compensation ordered is €14,040. A third complaint under the Organisation of Working Time Act was rejected. The matter was concluded with these final orders.

2022-12-06 · Ireland

Twitter ordered to provide journalists with details of allegedly defamatory accounts

In a High Court case, Mr Justice Mark Sanfey ordered Twitter to disclose details of accounts alleged to have posted defamatory tweets about journalists Aoife Moore and Allison Morris. The court granted disclosure orders for the 'Barbara J Pym' account to both reporters and for the 'Northern Whig' account to Morris. No orders were made for the 'Dolly White' account or for any retweets. Twitter, which declined to participate in the defamation dispute, argued the orders were burdensome, but the judge found the evidence justified disclosure. The court will await the outcome of the Twitter disclosure before deciding on any orders against Eoghan Harris, who denies the claims. The judge also rejected Twitter's 60‑day limitation and required the plaintiffs to pay Twitter's costs and ensure the information is used only for redress.

2022-12-02 · Cork

French film star secures judgements against alleged 'Irish Lord' fraudster

Dany Boon, a well‑known French film star, obtained High Court judgements against Thierry Fialek‑Birles, who presented himself as an "Irish Lord from an ancient family," and several companies linked to him. The court granted Boon judgement for damages of over €6 million, following earlier freezing and disclosure orders that had been secured to trace the missing funds. Boon's solicitor, Rossa Fanning SC, noted that most defendants had either chosen not to contest the claims or had never appeared in court. Judgements were awarded against Irish‑registered entities such as South Sea Merchant's Mariners Ltd Partnership, Hibernian Petroleum Limited Partnership, United Irish Estates Limited, Hibernian Yachts Company Limited, and the Samoa‑registered United Far East Oriental Holdings Ltd, as well as US‑registered American Sail & Motor Navigation Inc, Amalgamated Plantations Company Ltd (British Virgin Islands), and Sail & Motor Navigation Company Limited (Antigua and Barbuda).

2022-12-02 · Dublin

Wrights MD tells High Court that brother 'verbally abused and threatened him'

In a High Court hearing on 2 December 2022, David Wright, Managing Director of Wrights of Howth, claimed that his brother Mark Wright verbally abused and threatened him over a dispute concerning a storage unit at Howth Pier. The group, which has used the unit for several years under a 35‑year lease from the Department of Agriculture and the Marine, says it has been wrongfully locked out by Mark and his daughter Shona, who are not part of the business. A judge granted a temporary interim injunction restraining Mark and Shona from impeding the group's access to Store E, West Pier, and from placing locks or access‑control devices. The injunction was granted ex‑parte and the case is set to return next week. The court noted the case was unusual, and the dispute centres on ownership of the lease and alleged misappropriation of three trawlers.

2022-12-02 · Dublin

Truck driver banned from site is awarded €40k for unfair dismissal

Desmond O'Farrell, a truck driver for McGuire Haulage Ltd, was banned from the Danone site in Rocklands, Co. Wexford, after a night's visit to retrieve a forgotten work phone. The ban, suggested by McGuire to Danone, left him without work for two years, effectively creating a constructive dismissal. O'Farrell's union, Siptu, argued he was made a "fall guy" to appease Danone's security concerns. McGuire offered him unsuitable work in Dublin, which O'Farrell declined. The Workplace Relations Commission upheld his complaint, finding the ban unreasonable and a breach of contract. The commission ordered McGuire to pay €34,680 (51 weeks' pay) plus €5,440 for notice, totaling €40,120. The decision followed a Labour Court ruling that denied him redundancy, confirming he remained an employee but was left in a limbo employment situation. The case highlights the employer's failure to provide alternative work and the impact of the site ban on O'Farrell's livelihood.

2022-12-02 · Dublin

'Not a criminal mastermind': lockdown left street trader stuck with fake fashion gear

In a case heard on 12 May 2021, Thomas Kenny, aged 61, pleaded guilty to eight counts of possession of clothing bearing registered trademarks. Gardaí seized a large quantity of counterfeit apparel from his home, including jumpers, hoodies, track bottoms, shorts and t‑shirts with logos of Calvin Klein, Tommy Hilfiger, Nike, Superdry, Puma and North Face. The items were largely mouldy, having been stored for over a year, and were described as poor quality with inconsistent sizing. Kenny explained that he had purchased a "job lot" in February 2020 but was unable to sell the goods because of the COVID‑19 lockdown. Judge Pauline Codd, noting his lack of prior convictions and his cooperation, imposed a €250 fine and ordered the destruction of the evidence, stating that the goods were not of a type that could easily deceive discerning buyers of luxury or branded goods. She described Kenny as "certainly not any kind of criminal mastermind.".

2022-12-02 · Kildare

Progress in dispute over properties linked to family of Sean Dunne, court hears

In a High Court hearing on 2 December 2022, a dispute involving businessman Sean Dunne and his family over two valuable properties in County Kildare was addressed. The plaintiffs—John Dunne, Sean's son from his first marriage, and Sean's four minor sons—sued through their mother, Gayle Killilea, and secured a temporary injunction preventing Traviata Ltd, Sean Dunne, and Bessilton Holdings Ltd from selling or disposing of the properties. Amrabko Unlimited, a company directed by Ms Killilea, also applied, claiming it had spent €577,000 on a house at one of the sites. The injunction covers both legal and beneficial interests, including a property allegedly sold for €1 million. Sean Dunne, who was declared bankrupt in 2013, denies wrongdoing, as do the defendants. Traviata, an Isle of Man‑registered company wholly owned by SD Trust, argued that the case should be heard in the Isle of Man, while Bessilton, the registered owner, said it complied with court orders.

2022-11-30 · Dublin

Twitter undertakes to restore senior Irish exec to her position

In a High Court hearing on 30 November 2022, Twitter confirmed it had restored Irish senior executive Sinead McSweeney to her role as Global Vice President for Public Policy. McSweeney had previously secured a temporary injunction preventing her dismissal after she claimed that a vague e‑mail from Elon Musk had led Twitter to treat her as no longer employed. She said she had never resigned, yet was locked out of Twitter's IT system and Dublin office, and could not attend a scheduled meeting. Twitter's counsel offered undertakings to restore her access to all IT systems and the Dublin premises, and to negotiate with Human Resources to resolve the dispute. The judge set a timetable for document exchange, adjourned the case to late December, and directed that the orders and undertakings remain in force until a full hearing.

2022-11-29 · Dublin

Coercive control at hands of man who threatened he'd 'kick baby out of' partner 'like torture', court hears

In a Dublin Circuit Criminal Court hearing, a woman, protected under the 2018 Domestic Violence Act, recounted how her partner, Daniel Lynch (25), exercised coercive control from September 2020 to January 2022. Lynch accessed her mobile phone and social media, took her money each Monday, and verbally abused her, claiming no one loved her and hoping she would miscarry their unborn child. He threatened to kill her in a January 2022 WhatsApp voice message, breaching a prior protection order. Earlier, in September 2021, he allegedly threatened to "kick the baby out of her" and struck her with a broom handle. The victim described isolation, loss of self-worth, and drug use, including cocaine supplied by Lynch. Lynch pleaded guilty to coercive control and a threat to kill, with sentencing deferred to February. The court noted the victim's bravery and the impact of her statement.

2022-11-29 · Meath

Proposed data centre will generate 1% of Ireland's total annual carbon emissions, High Court hears

In a High Court hearing, Mannix Coyne and his daughter Amy Coyne argue that the planning permission granted to EngineNode Ltd for a data centre near their Bracetown, Clonee home breaches their constitutional rights to a healthy environment and other EU human rights. They claim the centre will consume 180 megawatts annually and produce about 1% of Ireland's carbon dioxide emissions, contributing to the climate crisis. The Coynes seek to invalidate the permission and the board's approval of a substation and grid connection at Bracetown and Gunnock. The State, An Bord Pleanala, and the Attorney General oppose the claims, arguing that the right to a healthy environment is not recognised under the Constitution or the ECHR and that the decision was proportionate. The case is ongoing and expected to last several days.

2022-11-29 · Galway

Provisional liquidators appointed to wind farm services company

The High Court appointed joint provisional liquidators, Nicholas O'Dwyer of Grant Thornton Ireland and Stuart Preston of Grant Thornton UK, to Windhoist Ireland Limited, a firm providing mechanical and electrical services to wind turbine manufacturers. The appointment followed the parent company, Windhoist, a Scottish‑based part of Windlogix Group, entering administration and ceasing to provide funding and plant and machinery to the Irish entity. As a result, Windhoist Ireland, which has 17 employees and works on projects in Galway, Finland and Taiwan, became insolvent and could not meet its contractual obligations. The court noted that the company could not pay its debts, including €7 million owed to its shareholder, over €600,000 to Revenue, and €139,000 to trade creditors. The liquidators will oversee an orderly winding‑up, with most employees expected to be made redundant, and the case will return to court in December.

2022-11-29 · Ireland

Training company must pay former lecturer nearly €90k over sexual harassment

A technical training company, Socrates Workforce Solutions Ltd, was ordered by the Workplace Relations Commission to pay former lecturer Kathleen Ryan nearly €90,000 after she was sexually harassed by a colleague, Mr A, in a classroom on 27 April 2021. The commission found the company vicariously liable for the harassment and sexual assault, noting a flawed investigation that left Ms Ryan confused and Mr A feeling vindicated. Ms Ryan's complaints alleged discrimination under the Employment Equality Act 1998 and penalisation under the Safety, Health and Welfare at Work Act 2005. The tribunal recorded that Mr A had entered the classroom uninvited, leered at Ms Ryan, and sexually assaulted her while she assisted a student. Mr A later harassed her via WhatsApp and LinkedIn. The company's internal investigation issued a written warning to Mr A, but the commission deemed the response inadequate.

2022-11-28 · Dublin

Mother of man who shot his sister dead begs judge not to jail her son

In a sentencing hearing at Dublin Circuit Criminal Court, Derek Boyd, 28, pleaded guilty to manslaughter after an accidental discharge of a loaded semi‑automatic pistol killed his 34‑year‑old sister, Sandra Boyd, on 19 March. He also admitted unlawful possession of the firearm and ammunition. Boyd explained that he had armed himself weeks earlier due to threats from a "gangland" figure and that the gun was in his pocket when he walked his sister out. He claimed a slip of his finger caused the gun to fire while he was attempting to disarm it. The court heard the family's grief, with mother Teresa Boyd and sister Melissa Clarke pleading for mercy and for Boyd to be released to support the family. Judge Pauline Codd adjourned the final decision to 16 December, after reviewing reports and statements. The hearing lasted 80 minutes and was marked by emotional testimonies and tears. The article does not disclose any sentencing outcome.

2022-11-28 · Ireland

Paddy Cosgrave succeeds in defending costs bid in defamation case

In a 2022 defamation case, a judge ruled that no costs order should be made against Web Summit co‑founder Paddy Cosgrave, who is sued by businessman Robert Quirke over a 2021 tweet. The tweet, allegedly damaging Quirke's reputation, was about a multi‑million‑euro ventilator deal involving Quirke's company and the HSE. Quirke, CEO of Roqu Group, claims the tweet defamed him and his businesses and seeks damages. Cosgrave denies the allegations, asserting his statement was true. A pretrial motion by Quirke sought judgement in default of defence, arguing Cosgrave's defence was lodged outside the prescribed time limits. The judge found the defence delay unreasonable and awarded Cosgrave all costs related to the motion and the Monday hearing, while Quirke's claim will be heard later.

2022-11-28 · Cork

Property developer allowed write off over €170m in debt in insolvency arrangement

The High Court has approved a Personal Insolvency Arrangement allowing a former property developer to write off approximately €170 million in debt. The 55-year-old developer, based in County Cork, established a property investment and development company roughly two decades ago, which accumulated significant liabilities following the 2008 economic downturn. Creditors including NAMA, Ulster Bank, Pepper Finance, Link Finance, and private individuals were owed substantial sums. Under the approved arrangement, the debtor will provide €80,000 to creditors, who will receive minimal returns on unsecured debts. Two properties located in Bundoran, County Donegal, and County Tipperary will be surrendered to secured creditors. The arrangement, which lasts twelve months, was supported by the clear majority of creditors at a meeting, with only one institution opposing it. Mr Justice Alexander Owens approved the arrangement, noting creditors will receive considerably better terms than if the debtor were declared bankrupt.

2022-11-28 · Cork

Recruit who said he was hired for marketing role was put to work on factory floor

In November 2022, the Workplace Relations Commission ruled that Bryan Murphy was constructively dismissed by West Cork Distillers. Murphy claimed he had been recruited for a marketing role in September 2020 but was instead assigned to the bottling line. He said the company promised a graduate marketing position, but no contract was issued until April 2020, when a draft contract was later removed by a director after Murphy pointed out missing promises. Murphy alleged that directors pressured him, belittled him in a WhatsApp group, and denied the marketing role. He resigned under what he described as intolerable pressure. The WRC found Murphy's evidence persuasive, noted a lack of employment contract, and ordered the distillery to pay €2,100 in redress and four weeks' pay for loss of earnings, acknowledging that Murphy found new work almost immediately after resigning.

2022-11-28 · Dublin

Claims by Paddy Power managers of illegal wage deductions are rejected by WRC

Seven managers and assistant managers at Paddy Power betting shops have lost their pay claims against the company, following a decision by the Workplace Relations Commission (WRC). The workers, represented by trade union Mandate, had lodged complaints under the Payment of Wages Act 1991 against Flutter Entertainment PLC, alleging that they were blocked from working overtime hours after the pandemic lockdown. The staff, who have between 14 and 22 years of service with the company, claimed they had routinely worked overtime before the lockdown and lost out on this when they returned to work in June 2020, being rostered for a 40-hour week. The company continued to pay its staff based on their contracted hours during the lockdown. One of the workers, Marie McKenna, stated that she was initially told to roster her staff for their normal hours, but her district manager later took her off the roster and filled her overtime hours with a more junior staff member.

2022-11-25 · Dublin

Irish Twitter VP gets injunction preventing termination of employment

Sinead McSweeney, Twitter's Global Vice President for Public Policy, obtained a temporary High Court injunction that stops Twitter International Unlimited Company from terminating her employment. She argues that a vague email from owner Elon Musk, sent to all employees, implied she had resigned, yet she did not. The court heard that Twitter's lawyers acknowledged she had no intention to resign and promised to restore her IT access, but she remains locked out of the Dublin office and internal systems. McSweeney claims the company has treated her as if she had left, citing mixed messages from Musk and senior US associates. The injunction also bars Twitter from communicating any change to her employment status to third parties or publishing related information. The order remains until further court direction.

2022-11-25 · Ireland

Glowing tributes paid to Justice John MacMenamin, as AG also announces retirement

In a ceremony on 25 November 2022, Supreme Court judge Mr Justice John MacMenamin, who has served for almost two decades, was honoured with glowing tributes from senior legal figures. Chief Justice Donal O'Donnell, the chairs of the Law Society and Bar Council of Ireland, and Attorney General Paul Gallagher – who announced his own retirement – praised MacMenamin's long and distinguished career. The judge, who began as a barrister in the 1970s, was appointed to the High Court in 2004 and to the Supreme Court in 2012. He has presided over complex criminal, commercial, family, childcare and constitutional cases, and is noted for his advocacy for vulnerable minors and his belief that justice should be accessible to all. MacMenamin, a historian and former Chairman of the Bar Council, retired upon reaching the mandatory age of 70, concluding a career he described as a vocation. The event marked the end of his service and celebrated his contributions to Irish law.

2022-11-25 · Ireland

Social media worker 'traumatised' by probation sacking should be paid €30k

In a case heard under the Industrial Relations Act, a human resources officer who had left a permanent role to join a social media company in January 2021 was sacked in May 2021 after raising a grievance about a performance review. The tribunal found that the firm had failed to provide a right of appeal for a probationary employee, violating fair procedure requirements. The worker, who represented herself, claimed the dismissal was unreasonable, shocking, and left her traumatised. The company argued the employee's performance was satisfactory but that she resisted constructive feedback, leading to termination. The adjudicating officer noted the lack of an appeal mechanism and recommended €30,000 compensation, citing the worker's trauma and the need for the firm to revise its grievance procedures to align with fair practice guidelines.

2022-11-24 · Dublin

Benfica to be given identities behind allegedly defamatory 'scoundrels' Twitter account

In a High Court case, Benfica secured an order requiring Twitter to disclose the identity of the operator of the "@o_tal_pulha" account, which the club alleges has posted defamatory material about it. The club claims the account made allegations of financial and other impropriety between October and February, and that it used confidential information believed to stem from a 2017 hacking incident. Benfica, represented by David Fennelly BL, seeks basic subscriber information, IP addresses for the last 60 days and for a one‑week period in February 2022, and will pay Twitter's costs. The court noted that the club may pursue civil actions in Portugal for damages and that the trial concerning the hacking incident is ongoing. The order allows parties to apply to the court if further action is needed.

2022-11-24 · Ireland

App publisher Zulleon ordered to pay developer nearly €11k

The Workplace Relations Commission has ordered app publisher Zulleon Ltd to pay former employee Eoin Roche €10,937.47 for unlawful deductions from his wages. In a decision released this morning, adjudicating officer Brian Dalton upheld two complaints made by Mr Roche under the Payment of Wages Act 1991. The tribunal found that Zulleon made misleading representations regarding a 25% salary cut imposed in April 2020, which resulted in a deduction equivalent to seven weeks' pay. Mr Roche was awarded €5,104.15 for this period. The adjudicator extended the statutory time limit for this complaint, noting that the delay was caused by the employer's repeated assurances, continuing until August 2021, that the monies would be repaid. Additionally, the tribunal determined that Zulleon unlawfully deducted two months' salary, amounting to €5,833.32, by failing to pay Mr Roche for his contractual three-month notice period after he gave notice on 1 March. The hearing proceeded in the absence of any representative for Zulleon, with the adjudicator noting the company was notified but failed to attend. Consequently, the officer determined that Mr Roche was entitled to work out his notice period and that the deductions were unlawful. The total order against Zulleon Ltd stands at €10,937.47.

2022-11-22 · Wexford

Families take action against wind farm operator over alleged noise and nuisance

Two couples, Margaret Webster and Keith Rollo, and Ross Shorten and Joan Carty, have filed High Court damages actions against Meenacloghspar (Wind) Limited, the operator of the Ballyduff Windfarm near Enniscorthy, Co. Wexford. They allege that since the windfarm began operating in 2017, the turbines have produced constant noise, vibration and shadow flicker that has disrupted their sleep, increased anxiety and harmed their mental health. The plaintiffs claim the noise has devalued their homes, which are 369 metres and 359 metres from the turbines, and that the windfarm is operating in breach of its planning permission. They seek orders to cease operation, decommission the windfarm, and restrain future operation until noise and vibration are reduced, as well as damages for nuisance, negligence, breach of duty and constitutional rights. The defendant denies all allegations and argues the windfarm is compliant with its planning permission. The case is scheduled to be heard over several weeks before Ms Justice Emily Egan.

2022-11-21 · Ireland

Judge directs HSE appear before court over 'dramatic' rise in special needs assessment cases

In a High Court hearing on 21 November 2022, Mr Justice Charles Meenan addressed a sharp rise in judicial review applications against the Health Service Executive (HSE) concerning the assessment of children with special needs. He noted that normally two to three such cases appear weekly, but recently the average had climbed to seven per week, a "dramatic increase". The judge did not grant permission for the new applications, nor set the usual directions or timetables for document exchange. Instead, he adjourned the matters to a mid‑December hearing, instructing the HSE to appear before the court to discuss the issue. The applications, brought on behalf of young children, seek orders requiring the HSE to complete reviews of Assessment of Need applications within six weeks, alleging the HSE has failed to meet its legal obligations under the 2005 Disability Act.

2022-11-21 · Ireland

Cleaner who was told there was 'no work' after maternity leave wins compensation

Dawn O'Brien, a cleaner employed by Eco‑swift Environmental Services since October 2018, secured €7,000 in compensation and orders for unpaid wages, holiday pay, and other employment‑law breaches after her maternity leave in November 2020. When she attempted to return, she was told there was "no work" and later dismissed in June 2021, allegedly for Covid reasons. O'Brien claimed she never received outstanding pay, including holiday and notice pay, and that her employer had no position for her to return to, despite the fact that a replacement had been hired directly by a client for the same work. The Workplace Relations Commission found a clear breach of the Maternity Protection Act 1994 and the Employment Equality Act 1998, ruling that O'Brien was discriminatorily dismissed on gender grounds.

2022-11-17 · Dublin

'Unprecedented rise' in construction costs sees examiner appointed to social housing builders

The High Court has appointed an interim examiner to Blacklough Construction Limited following an application on grounds of cash-flow insolvency. The company, which has 48 employees and engages subcontractors, is currently constructing over 360 social housing units across five sites for Respond Housing Association, including developments in Charlestown, County Mayo, and locations in Dublin, Meath, Westmeath and Louth. An independent expert's report indicated the company has reasonable prospects of survival if certain steps are taken. Counsel attributed the firm's difficulties primarily to a 33 per cent rise in building material costs since 2020, alongside a potential planning permission issue at the Carrickmines site in Dublin. Trade creditors are owed over €3 million. Chartered accountant Joe Walsh was appointed as interim examiner by Mr Justice Michael Quinn on Thursday. The court was satisfied that creditors would fare better under an examinership than in liquidation. Proceedings were adjourned to later in the month, with creditors to be notified of the application.

2022-11-17 · Ireland

Brazilian embassy housekeeper wins €21k over unfair sacking

In November 2022 the Workplace Relations Commission ruled that Alessandra Quinn, a housekeeper who had worked over twenty years at the Brazilian ambassador's residence, was unfairly dismissed. Quinn's contract included a room‑and‑board clause that the embassy argued was no longer applicable after she married an Irishman and moved out of the embassy house. In March 2021 the embassy proposed to remove the clause and offered a salary increase and commuting allowance, which Quinn rejected. She was told in May 2021 that her employment would end in July. The commission found the embassy had a "near absence" of fair procedures and no substantial grounds for dismissal, awarding Quinn €21,793 for seven months of lost earnings. A separate redundancy claim was dismissed because a replacement had been hired. The case remains at the commission's decision stage.

2022-11-17 · Ireland

Fintech company settles with former exec over unfair dismissal complaint

In November 2022, Glantus, an Irish fintech firm, settled a statutory unfair dismissal complaint with former chief growth officer Thomas Hackett. Hackett had alleged he was dismissed in September 2021 without cause and denied a promised equity package from founder Maurice Healy. He withdrew his complaints under the Unfair Dismissals Act 1977 and the Organisation of Working Time Act 1997 following a brief hearing. The settlement was confirmed by Hackett's solicitor Michael Kennedy and Glantus's counsel Michael Doyle. Adjudicating officer Breiffni O'Neill noted the agreement in the case file and kept the matter open until the following April for finalisation. The dispute had previously involved two days of hearings, with senior counsel Lorna Lynch for Glantus and Pádraig Lyons BL for Hackett. The preliminary hearing revealed Hackett's gross salary was €100,000 with €500 monthly expenses, and that he had been offered a six‑month notice clause in exchange for a longer vesting period on his share options.

2022-11-17 · Ireland

'Deplorable conduct' sees recruiter awarded just €250 for unfair dismissal from Peter Casey firm

The Workplace Relations Commission found that the conduct of Michael O'Sullivan, a former recruitment consultant at Claddagh Resources, was so deplorable that the tribunal could only award him €250 for unfair dismissal. O'Sullivan had claimed he was dismissed on the spot by Peter Casey during an appraisal meeting after being placed on a performance improvement plan and set with unrealistic targets. The firm argued he was sacked for breach of policy, misconduct and poor performance, citing a 90‑day improvement period and a requirement to submit ten candidates weekly. The tribunal concluded that the email O'Sullivan sent to a colleague, threatening her and claiming defamation, was the decisive factor in his dismissal, and that the company's concerns about performance were not part of the decision. The award reflected only the breach of the Unfair Dismissals Act.

2022-11-16 · Dublin

'Mago' Gately gets legal aid to fight CAB case despite claims of €440k spend on home

High Court judge Mr Justice Alexander Owens ruled that James 'Mago' Gately and his partner Charlene Lam are entitled to legal aid to defend Criminal Asset Bureau (CAB) claims that their Coolock home was purchased with proceeds of crime. CAB opposed the application, alleging the couple spent over €440,000 on the property and took holidays in the Caribbean and Southeast Asia. However, the judge found the couple lacked the means to pay for representation, noting their recent spending had dried up and there was no evidence Gately earned income from training. The judge granted legal aid for one solicitor and one barrister but refused funding for senior counsel. CAB seeks orders under the Proceeds of Crime Act regarding the home, a Volkswagen Golf GTI, and a Rolex watch, alleging these assets were acquired through criminal proceeds. The couple denies these allegations, stating the assets were bought with legitimate funds, including Gately's past earnings and Lam's income as a beautician. The judge set a timetable for document exchange to expedite the hearing. The matter was adjourned and is scheduled to be next mentioned before the court next month.

2022-11-15 · Dublin

Provisional liquidators appointed to construction firm after court hears of 'extraordinary' price inflation

The High Court on 15 November 2022 appointed joint provisional liquidators to LMC MEP Ltd, a mechanical engineering firm that had fallen into financial distress. The court heard that the company's difficulties were caused by the Covid‑19 pandemic and "extraordinary" price inflation in construction materials, which had increased the cost of a major house‑building project in Dublin by €1 million, making the contract "disastrously loss‑making". LMC MEP Ltd has a negative net asset position of more than €6.66 million and owes over €3.5 million to trade suppliers, with additional debts to Revenue and other group entities. The firm had entered a €10 million contract with BAM for a hotel and 412 apartments in Newmarket Square, Dublin 8, but inflation added €1 million to its costs, rendering the contract loss‑making.

2022-11-14 · Louth

Insolvency arrangement allows man write off €900k debt

The High Court approved a Personal Insolvency Arrangement (PIA) for 41‑year‑old Gerard Conlon of Farndreg, Coxes Demense, Dundalk, Co. Louth, allowing him to write off about €900,000 of debt owed to Pepper Asset Servicing. Conlon, a former self‑employed retail businessman whose shop closed in 2019, entered the insolvency process after borrowing to buy properties between 2000 and 2008, which later fell in value and were repossessed. The PIA, lasting 15 months, lets Conlon remain in his family home and continue paying his mortgage for 29 years, as well as payments to Revenue. A €8,800 third‑party contribution and a property in Dundalk will fund the arrangement, and a small amount will be paid to unsecured creditors. The court, presided over by Mr Justice Alexander Owens, found no objections to the PIA and noted creditors would benefit more than if Conlon were declared bankrupt.

2022-11-14 · Limerick

Injunction sought against use of Covid-19 vaccines on children

An injunction has been sought in the High Court to prevent the administration of Covid-19 vaccines or booster shots to children aged between five and 11 years until 'full information' about alleged risks is made available to the public. The action was brought by Sharon Browne and David Egan against the Taoiseach Michael Martin, Minister for Health Stephen Donnelly, the HSE, and former Chief Medical Officer Dr Tony Holohan. The applicants claim the injunction is necessary to protect children's rights and assert that alleged vaccine harms breach the Irish Constitutional Right to bodily integrity. The State and HSE oppose the action, represented by David Leahy SC, who deny claims about vaccine safety. Ms Browne alleges her mother died in 2021 from adverse effects of the vaccine, while Mr Egan claims to have gathered global evidence suggesting vaccine harm. Both claimants state their action is motivated by concerns for younger and vulnerable people. The applicants also sought pre-trial motions, including an amendment to the proceedings and a protective costs order. The matter was briefly before Mr Justice Brian O'Moore on Monday, who adjourned the case to a date in December to allow clarification of technical matters.

2022-11-14 · Dublin

Senior Qatari Royals may contest Irish court's ability to hear defamation claim

In a High Court hearing, Irish businessman Ronnie Delany has brought a defamation claim against senior Qatari royals and Maybourne Hotels Ltd, alleging that letters published to Irish recipients defamed him and were part of a conspiracy. Delany names Sheikh Hamad Bin Khalifa Al Thani, Sheikh Hamad Bin Jassim Bin Jabber Al Thani, and CEO Marc Socker as defendants, claiming they jointly own the economic interest in the hotel group that operates The Berkely, Claridge's and The Connaught. He also sued French‑based Sas Societe Dexploitation Et De Dentention Hoteliere Vista and its representative Gilles De Boissieu for distributing a damaging letter. The defendants may challenge the Irish court's jurisdiction, but the case is set to proceed with a timetable for document exchange and possible motions. The matter is scheduled for a December hearing. The letters were allegedly sent on 13 April 2021 to individuals including businessman Paddy McKillen.

2022-11-14 · Ireland

Vet's bank account empty after unlawful deductions

A vet, Alonso Serrano Laborda, who had moved from Spain to work at Castle Vets, claimed that his wages were unlawfully reduced, leaving his bank account empty and preventing him from fueling his work van. He had agreed to a pay progression from €1,000 in October to €2,500 from December, but received only €533 in January 2022, short of €1,467. Mr Heneghan, the employer, cited a €1,000 deduction as "compensation" for an alleged client mistake, which Mr Serrano Laborda denied, stating no evidence of such a payment. Additional deductions of €250 for a flight change and €1,000 for a client mistake were also disputed. The Workplace Relations Commission found the deductions unlawful, ordered Mr Heneghan to pay €3,000, and noted the vet was prevented from working his notice period due to unpaid wages and lack of fuel.

2022-11-11 · Wicklow

Family with profoundly disabled child bid to halt financial fund from selling their home

Ann McDonald, alongside her husband Joseph and co-applicant Ned Murphy, launched High Court proceedings to prevent Everyday Finance from selling their home in Roundwood, Co Wicklow. The applicants allege that the receiver appointed by the fund is acting as an abuse of process and that the appointment was made outside the time limits of the 1965 Succession Act. The property, an 87.5-acre estate formerly used as a golf course, houses the McDonalds, their disabled grandson, and other family members. The applicants claim that Everyday Finance, which acquired a 2003 AIB charge in 2019, has delayed proceedings against the estate of Ann's late mother, Mary Healy, thereby losing the right to appoint a receiver. They seek an injunction restraining the sale or possession of the property, the discharge of the receiver, and an order preventing further appointments without court permission. The matter was heard before Ms Justice Siobhan Stack, who granted the applicants permission on an ex-parte basis to serve short notice of the injunction proceedings on the defendants. The judge made the matter returnable to a date later this month. The case remains at the hearing or decision stage, with the primary outcome being the adjournment of the final determination to allow for service of notice.

2022-11-11 · Kilkenny

Hotel that turned away couple with guide dog ordered to pay €5k

In November 2019, Pamela McKeogh and her partner Kevin Ryan attempted to stay at the Kilkenny House Hotel with a guide dog. The hotel manager rejected the request, citing that his own dogs would bark all night if the guide dog stayed. After the couple was forced to find alternative accommodation, McKeogh lodged a complaint under the Equal Status Act 2000. The Workplace Relations Commission heard the case, noting the manager's refusal and the hotel's claim that no suitable rooms were available. The tribunal found that McKeogh was discriminated against on the basis of disability. Consequently, the Kilkenny House Hotel was ordered to pay her €5,000 in compensation for the discriminatory treatment she endured during the attempted stay.

2022-11-10 · Ireland

Denial of visa to Ethiopian man who married naturalised Somalian woman is upheld

In a High Court decision on 10 November 2022, Justice Siobhan Phelan upheld the Minister for Justice's refusal to grant an Ethiopian man a visa for family reunification with his wife, a naturalised Somalian-born Irish citizen. The judge found no grounds to overturn the Minister's decision, citing deficiencies in the documentation submitted to the Irish National Immigration Service. The couple, who met online and married in 2018, had a traditional ceremony in Ethiopia in 2019 and lived together for several months before the husband applied for a visa under the family unification scheme. The refusal was based on insufficient evidence of the couple's family life, lack of passport copies, incomplete travel records, and concerns over the woman's name spelling and accommodation proof. The court advised the couple to resubmit their application with updated, complete documentation, noting that significant new information had not been properly considered in the original refusal.

2022-11-10 · Dublin

GAA coach who 'lost friends and family' over unfair dismissal awarded €26k

In a decision by the Workplace Relations Commission, Skerries Harps GAA club was ordered to pay former coach Johnny Beggs €26,083 for unfair dismissal. Beggs, who had been involved with the club his whole life, claimed he was made redundant without an objective and fair consultation process. He said the club had decided his role was redundant before any consultation and that he had not been given a chance to explain how the role could be saved. The club argued that finances were drained after the pandemic and that a games promotion officer with similar duties was being paid by the Dublin county board. The commission found the selection process for redundancy was rigid, lacked meaningful consultation, and did not consider Beggs' length of service or previous experience.

2022-11-09 · Louth

High Court dismisses important test action challenging ban on selling THC products

In a High Court judgment on 9 November 2022, Mr Justice Alex Owens dismissed a test action brought by businessman Andrius Bogusas challenging Ireland's ban on the sale of any products containing THC. The court found that the evidence showed THC's dangers and that the current regulatory regime was justified. Mr Bogusas, who sought to import and sell hemp‑oil products with less than 0.2 % THC, was not entitled to rely on EU law or the Treaty on the Functioning of the EU to override Ireland's 1977 Misuse of Drugs Act. The judge noted that Ireland and other member states are bound by the 1971 Convention on Psychotropic Substances, which precludes permitting such products. The action was also found to have been filed outside the three‑month statutory time limit, and the court was not satisfied that an extension was justified. The case was dismissed with no orders granted.

2022-11-07 · Ireland

Dental firm who pulled out of Ireland must pay €55k to dismissed manager

In a decision published on 7 November 2022, the Workplace Relations Commission upheld a claim of unfair dismissal under the Unfair Dismissals Act 1977 brought by former Irish sales manager Orla Sheehy against Megagen Implants UK Ltd. Sheehy, who had been a successful territory manager for Ireland and Scotland since 2017, was made redundant in March 2020 during the Covid‑19 pandemic. She claimed the redundancy was a pre‑ordained business decision, that the role had been "removed" from the organisation, and that the company offered no alternative work or reduced hours. Her barrister, Cathy McGrady BL, argued that the redundancy consultation was rushed, scripted and selective, and that the company's revenue figures were unrealistic. The adjudicating officer, Michael McEntee, found the employer had not met the burden of proof for redundancy and ordered the company to pay Sheehy €55,000 in loss of earnings, after deducting a statutory redundancy payment already received.

2022-11-04 · Westmeath

Last remaining test cases against FBD over Covid insurance are settled

In November 2022 the High Court heard that the remaining publicans who had brought test actions against FBD over the insurer's failure to pay business‑disruption claims caused by Covid‑19 had settled. The two test actions brought by Aberken, trading as Sinnott's Bar, and Hyper Trust Ltd, trading as The Leopardstown Inn, were resolved after extensive out‑of‑court talks. The court is now considering FBD's submissions for reliefs arising from the settlement agreement, including clarifications on legal principles that may affect other pubs and restaurants with similar policies. FBD seeks declarations from the court regarding the subsidies paid by the State to businesses forced to close during the pandemic. The hearing of FBD's bid for relief will continue next week. The other two pub owners who had taken test actions – Lemon & Duke and Sean's Bar – had already resolved most of their claims, with only legal costs remaining.

2022-11-04 · Dublin

Business manager jailed for stealing from 'pyramid scheme' investors

In a Dublin Circuit Criminal Court hearing, Donal Hayes, a 64‑year‑old former business manager of an insolvent investment company, was sentenced to three years' imprisonment for theft and inducing investors to invest under false premises. Hayes claimed he was unaware the company operated as a pyramid scheme, yet he persuaded investors to give him money for a "rescue fund" that would secure their initial investment. Instead, he transferred the money to his own company account and invested it in apartments in Bulgaria and a hotel in Brazil, taking €550,000 for these purchases. When the company liquidator discovered the misuse, Hayes sold the properties and returned most of the money, leaving the company a loss of €65,000. Investors suffered a combined loss of €101,000. Hayes pleaded guilty to three counts of theft and one count of inducing investment under false premises between 2008 and 2011.

2022-11-04 · Ireland

Fair City actor seeks to summon DG in employment status row

Tony Tormey, a Fair City actor, has filed a complaint with the Workplace Relations Commission claiming he is entitled to a fixed‑term contract under the Protection of Employees (Fixed‑Term Work) Act 2003. He alleges that RTÉ treated him as a self‑employed contractor, despite his claim that he has been on a series of "rollover" contracts since 1989 and that his terms have not changed. At the preliminary hearing, Tormey's barrister, Conor Bowman SC, argued that the broadcaster was aware of his entitlement to an indefinite contract as early as 2017, citing an Eversheds report. RTÉ's counsel, Mairead McKenna SC, countered that Tormey's earnings varied yearly and that a Revenue audit revealed significant income tax liabilities. The tribunal adjourned the case for a case‑management conference and the drafting of an issue paper, and the request for a witness summons of RTÉ director‑general Dee Forbes was denied as unnecessary and inflammatory.

2022-11-02 · Dublin

Poor player: 'Out of it' actor attacked taxi driver with Macbeth costume

James Walsh, 38, of Burnell Park Green, was found "out of it" on drugs and alcohol when he attacked taxi driver Ian Sweeney on September 29, 2018. Walsh used a silver bicycle chain, part of his Macbeth costume, to repeatedly strike Sweeney's car and then attempted to strike the driver. Sweeney, who was in his taxi, tried to move the vehicle and flagged gardaí. Walsh, who had been drinking heavily and taken Xanax, began to hallucinate and tried to strangle himself when arrested. He was taken to hospital where a CT scan showed brain abnormalities. At Dublin Circuit Criminal Court, Walsh pleaded guilty to criminal damage. Judge Martin Nolan suspended a 20‑month prison term, ordering Walsh to pay €4,000 to the victim within six months, or to a local charity if the victim declined. The case was heard by Sinéad McMullan BL and defended by Karl Moran BL.

2022-11-02 · Ireland

Woman must pay former husband €1.6m as part of divorce settlement

In a High Court divorce decree, Mr Justice John Jordan ordered a woman to pay her former husband €900,000 for his share of the family home, a lump sum of €280,000, and €470,000 from her pension. The judge rejected the woman's claims of assault, abuse and threats, finding no credible evidence of violence. The couple had a long, happy marriage that deteriorated after the woman's illness, leading to separate living arrangements and joint custody of their two children. The judge noted the husband's lower income compared to the woman's successful career. He also directed the woman to continue paying the mortgage and to pay the husband a pension adjustment of 29.4% of her pension. Both parties were advised to cover their own legal costs. The decision was made on 2 November 2022.

2022-11-02 · Dublin

Council says it's not responsible for ex-Ashton dog pound wardens

Dublin City Council denied responsibility for former dog wardens after ending its contract with the Ashton Dog Pound. Kevin Bissett, John Mahon and Lee Gaskin were told by the pound's management that their employment would transfer to the council, but they were left without work from the end of June 2021. The men filed complaints with the Workplace Relations Commission under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 against David Stone, trading as Ashton Dog Pound, and the local authority. The council argued no staff transfers occurred when its contract ended and that it was entitled to outsource and later take the service back in-house without TUPE applying. The council's position was that the workers had been effectively dismissed if no transfer of undertakings took place. The tribunal heard evidence that the pound continued to operate for up to two months after the contract loss, providing services for other local authorities.