The High Court heard that Irish Gold and Silver Bullion Ltd (IGSB) operated as a Ponzi scheme, defrauding customers who believed they were buying gold and silver. Liquidator Myles Kirby, appointed after the company's winding‑up, alleged that director and sole shareholder Nicholas Wickham misappropriated customer funds for personal benefit, failed to keep proper records, and made false representations about repayment. Kirby claimed no metal stock existed, that certificates issued were fabricated, and that customers' money was paid to earlier investors or third parties. He identified €1.03 million owed to creditors and secured a temporary freezing order against Wickham and a UK company he controls, preventing the disposal of assets valued at just over €1.03 million. The court ordered a media embargo until 00.01 on 27 July and allowed the defendants to apply to vary the order. The case remains at the freezing‑order stage.
Professor Thomas Regelski, an 81-year-old US national and former music professor, has settled his medical negligence claim against the Health Service Executive (HSE) without an admission of liability. The High Court matter, heard before Mr Justice Paul Coffey, was struck out following the settlement. Mr Regelski alleged that treatment for pneumonia at University Hospital Limerick in June 2019, specifically the administration of Levofloxacin and steroids, caused a bilateral rupture of his Achilles tendons, leaving him largely confined to a wheelchair. He claimed this combination contravened national and European guidelines for patients over 60. The HSE denied negligence and argued Mr Regelski was not entitled to damages. In a separate, related judicial review, Mr Regelski successfully challenged the Minister for Social Protection's failure to provide him with a Personal Public Service (PPS) number, which was required to bring the negligence action. That matter was resolved out of court in his favour. Mr Regelski stated the settlement allows him to access necessary care for the rest of his life and expressed hope that the HSE would learn from the incident to prevent similar occurrences. He thanked his legal team, including Philip Sheahan SC, Liam Carroll Bl, and solicitor John Lynch, for concluding the proceedings.
A solicitor from Castlebar, County Mayo, has initiated High Court judicial review proceedings to challenge a Workplace Relations Commission decision that dismissed her unfair dismissal complaint against her former employer, Arthur Cox LLP. The adjudication officer's May 2022 ruling cited sustained disruptions during the hearing, which prevented the proceeding from continuing as scheduled. The applicant, representing herself, contests the decision as breached fair procedures and argues the adjudication officer incorrectly characterised unfair dismissal claims as adversarial rather than inquisitorial in nature. She also challenges the officer's refusal to summon defence witnesses and produce certain emails she considers material to her case. During proceedings before Ms Justice Marguerite Bolger, a heated exchange occurred between the applicant and the judge regarding amendments to pleadings and the judge's statement on public importance. The judge refused certain amendments but permitted others to be raised at a later hearing stage. The case will return before the court at a future date.
Salzagold Limited has applied to the High Court for an injunction to remove more than 40 caravans that have occupied its land at Graigcullen, Co. Laois, which is earmarked for a major housing development. The company alleges that the occupants, numbering over 150 people, have refused to leave and that the site has become a base for anti‑social behaviour. It claims the occupants have started large fires, dumped refuse, operated a tree‑cutting business without safety procedures, and engaged in joy‑riding and other dangerous vehicular activities. A local fire brigade recently had to extinguish a large fire on the site. The company also seeks an order against a spokesperson, Mr Hugh Doyle, and has obtained permission from Mr Justice Brian O'Moore to serve short notice of the injunction proceedings. The case is scheduled to return to court next week.
David McDonagh, a settled Traveller, was dismissed by Harmony Catering Services Ltd after only two days of work. He had completed a trial shift on 31 January 2020, which the head chef praised as satisfactory. On 4 February, the managing director, who had previously given McDonagh a lift home, informed him that the company believed he lacked the necessary skills. McDonagh claimed the dismissal was triggered by the director's awareness of his Traveller status. The Workplace Relations Commission found that the company had no evidence of incompetence and that the dismissal was discriminatory. McDonagh was awarded €4,160 in compensation, equivalent to six months' minimum‑wage pay, for unlawful workplace discrimination. The decision upheld his prima facie case and rejected the company's defence. The award was the maximum permitted under the Employment Equality Act.
In a 2022 case, the Workplace Relations Commission found that a medical clinic discriminated against an autistic patient who could not wear a face mask. The patient, who had been diagnosed with autism since birth, had been told by the clinic's call centre that he would not need to wear a mask for his ultrasound appointment on 14 December 2020. When he arrived without a mask, the clinic refused to perform the scan, citing his inability to wear a face covering. The patient had informed the clinic in advance and on the day of the appointment. The clinic, represented by Flynn O'Driscoll Solicitors, admitted a miscommunication between staff about the mask policy. The adjudicating officer, Thomas O'Driscoll, ruled that the clinic failed to provide reasonable accommodation and awarded the patient €3,000 in compensation for discrimination under the Equal Status Act.
In a High Court hearing on 20 July 2022, the County Kerry Coursing Club, represented by David Sutton SC and Elizabeth Murphy BL, alleged that Ballybeggan Park Company Limited had wrongfully and aggressively locked them out of Ballybeggan Park, the former Tralee Racecourse, since 18 June. The club, the largest shareholder in the defendant company, claims it has no right to be denied access to the grounds or its sporting rights. It argues the lockout is linked to the company's plan to sell the land for €5 million, a figure it deems undervalued and unsupported by any proposal for accommodating coursing. The club seeks an injunction preventing further obstruction, an order for access to the land for coursing activities, and a prohibition on any adverse actions regarding the property.
An Taisce has brought a High Court action against the State, claiming that the Fifth Nitrates Action Programme (NAP) breaches Ireland's fundamental obligations under EU law. The trust argues that the NAP's approval will damage Irish waterways and protected sites through excess nitrate pollution, and that it prevents compliance with the EU Nitrates Directive, which sets a mandatory limit of 170 kg of livestock manure nitrogen per hectare per year, with a derogation allowing up to 250 kg. An Taisce says the derogation was granted by the EU Commission earlier this year, but that the NAP's implementation is unlawful and invalid. The court is asked to quash the NAP, declare that the State has breached EU directives on habitats, water frameworks and strategic environmental assessments, and to refer the case to the Court of Justice of the European Union to review the derogation's validity.
In a High Court hearing, Newmar Global Properties argued that Galway County Council's refusal to extend the time limit on planning permission for a nearly complete housing scheme at Tubber Road, Gort, was absurd and lacked a substantial reason. The developer, which is building 120 houses, 11 apartments and a creche, claimed the council's decisions offended natural justice and logic, and that the council had ignored an Appropriate Assessment submitted by Newmar. The council cited a failure to meet a four‑week deadline for further information and an alleged failure to include the assessment in the application. Newmar seeks judicial review to quash the refusals, declare them irrational, and order the council to grant the extensions. The case was allowed to proceed by Mr Justice Charles Meenan and will return to court after the new legal terms begin in October.
In July 2022, the Workplace Relations Commission heard a complaint from trainee teacher Hayleigh Hernon against the Prada store at Kildare Village. Hernon alleged that Prada had promised her a part‑time position for her school placement but later denied the offer. She had been employed since 31 October 2020 and had requested the arrangement in late June or early July 2021. The manager said he would consult HR, but no response was received until 27 August, when Hernon was told the contract would not be changed. She claimed the store's policy limited part‑time staff to one per ten full‑time employees, a rule she said did not apply to other part‑timers. The store did not attend the hearing, and the adjudicating officer, Pat Brady, said he would decide within three to four weeks. The case remains pending.
In a High Court hearing on 18 July 2022, Garda Sergeant Patrick Dunne filed a judicial review against the Garda Commissioner, the Minister for Justice and Equality, and the Attorney General, claiming the Commissioner had unlawfully failed to assess his €23,000 subsistence expenses claim. Dunne submitted the claim in August 2019 for the period July 2014 to October 2018, when he was stationed at Coolock Garda Station after a transfer from Swords. He alleges that the Commissioner refused his request to be stationed at Coolock and has not processed the claim for an unknown reason, despite repeated inquiries over three years. Dunne seeks orders compelling the Commissioner to assess the claim, declarations that the failure breaches his employment contract and rights, and that the Commissioner acted unlawfully. Judge Charles Meenan granted Dunne permission to proceed on an ex‑parte basis, noting the action was a "last resort." The case is scheduled to return to the High Court in November.
The Workplace Relations Commission rejected complaints from five pharmacy workers who had lost bonus payments after being sanctioned for not wearing face coverings. The workers had been recorded on CCTV without masks for 30 to 90 minutes during December 2020 incidents, and one for eight minutes in February 2021. The employer had issued final written warnings in all cases, with the first four sanctions downgraded to a first written warning on appeal, but the February 2021 warning was upheld. The workers argued they were front‑line staff and the sanctions were a "momentary lapse of concentration". The adjudicating officer found the employer's actions reasonable, noted the workers had admitted or not disputed the CCTV evidence, and stated that the use of CCTV data was outside the WRC's jurisdiction. The decision was published on 15 July 2022.
Six Dublin Airport ground crew members – Alan English, Shay O'Hare, Tony O'Neill, Stephen Kavanagh, Phillip Kelly and Robert Keogh – lost their claims that they were unfairly placed on layoff without pay when the Covid‑19 pandemic hit. They had lodged complaints under the Payment of Wages Act against Swissport Ireland Ltd, alleging that the company selected them for layoff while other workers received less service. The workers, mostly senior ramp operatives with over two decades of service, were among 546 of Swissport's 650 employees placed on layoff in March 2020. Swissport's executive Terry Gill explained that the company had to act due to severe uncertainty from reduced flight patterns, prioritising team leads and those who could offer flexible hours. The tribunal found the workers' claims lacked credibility, that the company acted fairly and reasonably, and that no unlawful deductions had been made.
An action challenging Ireland's 1977 Misuse of Drugs Act, which bans all products containing any amount of THC, has been opened before the High Court. The case was brought by Andrius Rogusas, who had oils imported from Slovenia seized by customs on 21 October 2020 because they contained THC. Rogusas argues that the goods, made in another EU country and containing less than 0.2% THC, are not narcotic drugs and that the ban contravenes EU law on the free movement of goods. He cites a Court of Justice of the European Union decision that allows products with less than 0.2% THC to be sold within the EU and claims that the State has failed to conduct the scientific assessments required to justify the ban. The State, represented by the Ministers and the Attorney General, maintains that THC is a controlled drug and that the ban is lawful. The hearing before Mr Justice Alexander Owens continues.
In a High Court hearing on 14 July 2022, French actor Dany Boon, represented by Rossa Fanning SC, claimed he was the victim of a sophisticated multi‑million‑euro fraud. Boon alleged that Thierry Fialek‑Birles, who posed as an Irish lord and maritime law expert, misled him into investing over €6.7 million through a network of companies, including South Sea Merchant's Mariners Ltd Partnership (SSMM) and others registered in Ireland and Samoa. Boon said he advanced €2.2 million for yacht maintenance and €4.5 million for a purported investment scheme with the Irish Central Bank, both of which he claims were never realised. He further alleged that SSMM was taken over by a fictitious Rossi family and that the money was transferred to accounts in South Korea and Panama.
A group of 184 ESB network technicians, represented by the Independent Workers Union, claim that their overtime pay owed before Christmas was deliberately delayed as a penalty for not signing up to a new time‑keeping app. The technicians say they were owed thousands of euros and that the company's payroll department could not keep up with the 236 paper timesheets sent each week. ESB Networks denies the claims, stating the workers have been paid everything owed when they lodged complaints. Ten test cases were selected for adjudication, including Stephen Darling, who said he was forced to use the MyTime app, was denied a paper timesheet, and later noticed missing allowances and overtime on his payslips. Darling estimated back pay of €1,235, rising to €2,500 by year‑end, and claimed further deficits of €1,800‑€2,000. ESB's senior counsel argued that the company had processed and paid the outstanding amounts by April 2022.
In a case heard at Dublin Circuit Criminal Court, a 63‑year‑old man named Aidan Scanlon was found to possess five images of child pornography on his laptop. The illegal material was discovered after a Facebook "inappropriate image" alert was triggered when a user uploaded an image to the platform. Gardaí traced the email address linked to the Facebook account to Scanlon's home, obtained a warrant, and seized his laptop in August 2016. Scanlon admitted to possessing the images but denied knowingly holding them. He pleaded guilty in October 2016, was arrested in May 2019, and later pleaded guilty again before his trial. Judge Martin Nolan, sentencing him today, suspended in full a one‑year prison term, citing that Scanlon was "probably unlikely to reoffend." The judge also ordered him to keep the peace and be of good behaviour for a year. The case highlighted the role of social media alerts in uncovering child‑abuse material.
A leading bronze foundry, Crucible Arts Services and Technology Cast Ltd, has been found by the Workplace Relations Commission (WRC) to have used the Covid-19 pandemic as an opportunity to remove its oldest and longest-serving employee, Kathryn Hartnett, from the workplace. The WRC adjudicator, Penelope McGrath, stated that the company had chosen to alienate, ostracise, and belittle Ms Hartnett rather than offer her early retirement or redundancy. Ms Hartnett, who had worked at the foundry since 1997, was left out of the return to work process and was informed by the company's director that she should consider herself 'lucky to be on the PUP'. The WRC upheld her complaints under several employment acts, awarding her €25,350 in compensation, including €17,500 for discrimination, €4,000 for unpaid wages, €3,600 for public holiday pay, and €650 for failure to provide written terms of employment.
A Cork golf course was ordered to pay €4,000 to a greenkeeper, Gary O'Sullivan, after he was dismissed following a dispute with owners over Covid‑19 safety. The owners, Colman and Michael Ryan and their mother Margaret, argued that the greenkeeper should be made redundant when the driving range was reduced because "young bulls of golfers" were sending balls off course, damaging property and injuring a victim. O'Sullivan claimed the dismissal was triggered by a heated argument on 29 July 2020, when he was asked to hold a bolt while the owners repaired a malfunctioning dispenser. He said he was told to take holiday pay and received no notice of redundancy until August. The WRC found the dismissal unfair, noting the employer failed to follow proper redundancy procedures, and ordered the Ryans to pay compensation equivalent to about eight weeks' pay in addition to the €16,000 redundancy payment already made.
John Waters, a worker at Alpha Mechanical Services, began working from home on doctors' orders during the Covid‑19 pandemic. In April 2020 he discovered his pay had been reduced by €803.85, a deduction he claimed was unilateral and unlawful. Waters emailed the company expressing his disgust and threatened to stop working, but the company responded by demanding he return company property and effectively terminated his employment on 10 April 2020. The Workplace Relations Commission found that Alpha had failed to follow proper dismissal procedures and had made two unlawful pay deductions while Waters was working from home. The commission upheld his unfair dismissal claim and awarded him €41,793.23, plus an additional €1,421.55 for wage deductions, totaling €43,214.84. A separate disability‑discrimination claim was dismissed.
In July 2022, Energia Group Holdings and its subsidiaries, together with GR Wind Farms and its subsidiaries, filed High Court challenges against the Commission for Regulation of Utilities (CRU). The CRU had decided not to provide compensation to wind‑farm operators who are instructed to shut down temporarily because of grid constraints, contrary to an EU regulation that requires such compensation. The applicants argue that the CRU lacks the authority to make that decision and that it failed to consider relevant factors while taking into account irrelevant ones, rendering the decision irrational and procedurally unfair. They seek orders to quash the CRU's decision, compel the regulator to enforce the EU regulation, and declare the decision invalid for breaching constitutional and EU law. Eirgrid Plc is a notice party. Mr Justice Anthony Barr granted ex‑parte permission, setting a return date for October.
A 15‑year‑old student, Ethan Boone, and his mother, Cathy Ho, have filed a High Court challenge in Ireland alleging that the Chinese Embassy is drafting the Mandarin Chinese curriculum and that the Minister for Education unlawfully consulted with the Chinese Ministry of Education. The case centres on the requirement that Leaving Certificate Mandarin Chinese exam answers be written in simplified characters, which the student claims is unlawful and illogical, especially since his mother teaches him traditional characters used in Taiwan, Hong Kong, and Macau. The applicants argue that the Minister's refusal to accept traditional characters is unlawful, under‑inclusive, and contrary to the 1998 Education Act, EU law, and the European Convention on Human Rights. They seek orders to allow traditional characters in marking, declarations of unconstitutionality, and a declaration that a memorandum of understanding with China is impermissible.
The Workplace Relations Commission has upheld a statutory redundancy claim by Brian McCarthy against Huawen Foundation Ltd, awarding him approximately €3,000. The adjudicating officer found that the company, which promoted Irish residency visas to international property investors, closed unexpectedly without providing for redundancy. Mr. McCarthy, who served as an applicant in this hearing, was employed from March 2019 to April 2021, meeting the 104-week eligibility threshold. The company failed to appear to defend the claim at the adjudication hearing on 7 April. This decision follows a separate March ruling where Huawen Foundation was ordered to pay €12,400 to former director Daoquan Zhang for breach of the Payment of Wages Act after leaving him unpaid for four months. Huawen Foundation is wholly owned by Kai Dai, chief executive of Kylin Prime Group. The company recently changed its registered office from St Stephen's Green in Dublin to the Nuremore Hotel & Country Club in Carrickmacross, Co Monaghan. The Commission's decision confirms Mr. McCarthy's entitlement to redundancy payments under the Redundancy Payments Acts based on his service duration and salary.
Retailer Mr Price was ordered to pay €20,000 in compensation to Elena Balan, a worker on maternity leave who was dismissed after a misunderstanding with her manager. Balan had started at Mr Price in July 2019 and took maternity leave in March 2020. She visited the store in July 2020 and spoke with the then-manager, identified as CON, about her back trouble and potential delay in returning. Later, she contacted the new manager, MH, about holiday leave. MH informed her she was entitled to three weeks' leave but that payment depended on her return. On 3 September 2020, MH told Balan she would receive her final payslip and that her employment had been terminated, removing her name from the database. Balan discovered the termination dated 31 July 2020. She filed complaints under the Employment Equality Act and the Payment of Wages Act. The Workplace Relations Commission upheld both claims.
The Supreme Court declined to hear Ben Gilroy and his wife Sarah Jane Gilroy's appeal against a possession order granted to Start Mortgages DAC for their Navan home. The Court found no point of general public importance had been raised. The Gilroys had argued that a fraud had occurred involving the lender and a solicitor, and that changes had been made to the mortgage documentation. The Circuit Court rejected these claims, finding them farfetched and unsupported, and the High Court confirmed the absence of evidence for fraud. The Gilroys sought a priority hearing and referral to EU courts, but the Supreme Court held that their due‑process rights had been fully addressed in lower courts and that it could not revisit the earlier findings. The application was dismissed by a panel of three judges, including Mr Justice Peter Charleton, Mr Justice Seamus Woulfe and Mr Justice Brian Murray.
A catering worker with 18 years of service at the Roche factory in Clarecastle, Co Clare, has been awarded a redundancy payment of over €15,000 after the Workplace Relations Commission ruled it was reasonable for her to refuse a transfer that would have required a lengthy commute by bus. Niamh Ryan's claim under the Redundancy Payments Act was upheld, with the commission finding that the proposed move would have involved significant extra travel time, costs, and disruption to her personal life. The company, Corporate Catering Services Ltd, argued that Ms Ryan unreasonably refused two offers of alternative employment, including a role in Bunratty and a position working across two sites. However, the adjudicating officer noted that the new location would have required significant extra travel time, possibly different shifts, and disruption to her personal life, with no compensation offered for the inconvenience.
The High Court has extended an injunction preventing trespass and occupation at a bay within Shannonside View Traveller Group Housing Scheme in Carrick-on-Shannon, County Leitrim. Mr Justice Conor Dignam granted the extension on Friday following submissions from counsel for Leitrim County Council. The initial injunction was secured last month against three named individuals alleged to have unlawfully occupied the derelict bay with caravans after cutting through a locked barrier. The council raised concerns regarding health and safety risks associated with the bay's sewage and electricity infrastructure. Counsel informed the court that the occupants have since vacated the property, though their current whereabouts remain unknown. The council sought the extension due to apprehension that others may attempt occupation of the bay whilst it remains closed and unsafe. The scheme comprises fourteen allocated bays for which families are on a waiting list. The injunction will remain in force until the final hearing of the action. The defendants retain liberty to apply to the court.
The Workplace Relations Commission ruled that Jordan Motors Ltd, trading as Martin Barrett Car Sales, had unfairly dismissed mechanic Shane Barry. The company had cited Barry's "patchy" performance, including alleged failure to secure wheel bolts and a slow fuel‑pump replacement, as grounds for dismissal. Barry denied any wrongdoing, claiming he had tested the vehicle and found no loose wheels. He also argued that he was not given fair procedures, no written allegations, and no opportunity to respond before being fired. The Commission found that Barry was called to a disciplinary meeting without prior warning or representation, and that the company had not complied with the code of practice under the Industrial Relations Act. Consequently, the Commission ordered the company to pay Barry €17,472 in compensation for his financial losses, deeming the dismissal unfair.
Niamh Moloney, a creche worker, claimed she was told "You stupid f***ing b**ch, I told you I don't have the hours" when she asked to return from maternity leave. She had worked 38‑40 hours weekly before her leave began on 9 January 2020 and had a written assurance that she could return to her toddler‑room role. After the pandemic, the company offered her a discretionary relief position and cleaning duties, which differed from her pre‑leave role. She reported that the director, Anita O'Dwyer, made the offensive remark during a phone call in August 2020. Moloney filed a complaint with the Workplace Relations Commission in October 2020. The WRC found the company had discriminated against her on gender and family‑status grounds and awarded her €15,000 in compensation. The parallel complaints under the Parental Leave Act and Maternity Protection Act were withdrawn as duplicates.
The Workplace Relations Commission ruled that Permanent TSB discriminated against Sofiya Kalinova, a deaf customer, by refusing to allow her to use a sign language interpreter when she attempted to change her online banking password over the phone. Ms Kalinova had booked a call with an interpreter, but the bank's agent stalled, transferred the call, and ultimately told her the bank could not do business with her through a third party. She was repeatedly described as a "vulnerable" customer and was not asked any security questions. The bank offered her to visit a branch with photo ID, a solution the adjudicator deemed time‑consuming and impractical. The commission found the bank's failure to accommodate the interpreter amounted to indirect discrimination on the grounds of disability and ordered the bank to pay Ms Kalinova €8,500 in compensation. The decision highlights the need for service providers to consider individual circumstances when determining reasonable accommodation for people with disabilities.
In a 2022 case, the Workplace Relations Commission awarded €5,000 to architect Auveen Coombes‑Lynch after she alleged a "male‑only" culture at the Housing and Sustainable Communities Agency. Coombes‑Lynch claimed she was denied training and experience, citing a lack of site visits and sexist remarks about her attire. She noted that senior management acknowledged her contributions and sponsored a project‑management course, yet she was repeatedly passed over for promotion and reassigned to less senior roles. The agency argued that her complaints were based on assumptions and that her recruitment outcomes were due to her performance. The adjudicating officer found no prima facie case of gender discrimination on promotion or training, but concluded a strong inference of discrimination regarding the agency's male culture, leading to the compensation award.
In a 2020 hearing, a tour bus driver claimed he was denied a pay claim of nearly €5,000 after being accused by two colleagues of falling asleep at the wheel. The driver denied the allegation and opted for a medical assessment rather than taking eight weeks' pay in lieu. He worked cleaning duties until early April 2019, then was removed from the roster again. He argued he was owed wages from 21 March to 1 May 2019 because he was taken off the roster "through no fault of his own". The company cited concerns about dangerous driving and a loss of concentration. The adjudicating officer found the driver had gone absent without explanation after agreeing alternative duties, and that all outstanding payments had been discharged by the firm, dismissing the claim.
The Workplace Relations Commission has dismissed a discrimination claim brought by Dorin Dusa against Heatons Unlimited Company and security contractor Bidvest Noonan (ROI) Ltd. Dusa alleged he was harassed and assaulted by a security guard at a Blanchardstown store in August 2020 for refusing to wear a face mask, claiming a medical exemption based on disability. During the hearing, Dusa refused to disclose his medical records to opposing counsel or the public, demanding that adjudicating officer Penelope McGrath review them privately. He also attempted to compel the defending barrister to reveal his own medical history. Andrew Reilly, representing Bidvest Noonan, cross-examined Dusa, who admitted he did not report the alleged incident to gardaí. Bidvest Noonan stated it conducted a thorough investigation and wholly rejected the claims. In her decision, McGrath found that Dusa failed to prove he had a valid medical exemption or that he informed the guard of his disability on the day. She noted that Dusa raised the possibility of an exemption without proving it and that the security guard eventually allowed him to enter the shop. The adjudicator ruled that Dusa did not establish a prima facie case for either respondent to answer, finding that neither Heatons nor Bidvest Noonan discriminated against him.
The Workplace Relations Commission (WRC) is set to decide on a large number of discrimination claims linked to face mask requirements during Covid-19. Its 2021 annual report shows 572 claims under the Equal Status Act, with 362 alleging disability discrimination, a 298% increase from 91 in 2020. The WRC's case load can delay hearings by up to a year. Only one mask‑related case has been decided in favour of a complainant: James Oliver Tattan, who was medically exempt from wearing a mask at the Gresham Hotel on 16 December 2020, was awarded €500 compensation after the hotel failed to produce CCTV footage and the porter refused to see his disability letter. In seven other mask‑related Employment Equality Act complaints decided this year, the WRC ruled against the complainants. Separately, WRC inspectors recovered €964,281 from employers breaching employment law, with the largest sums from wholesale/retail trade, food service, and security sectors.
Desmond Murphy, a speed camera van operator, brought a discrimination claim to the Workplace Relations Commission, alleging that Road Safety Operations Ireland Unlimited (Go Safe) discriminated against him because of his mental health and obesity. He claimed that the company refused to change his roster to allow him to attend a 20‑week MMA training programme, which he said had "saved his life." Murphy said he began the course without approval, missed paid shifts, and received a letter describing his behaviour as misconduct. Go Safe denied any discrimination, stating that Murphy had applied for a shift change only a day before starting the course and had not provided medical evidence of a disability. The adjudicating officer, Patsy Doyle, found that Murphy had not proven a disability that limited his work performance and dismissed the claim, concluding that Go Safe had no case to answer.
At a preliminary hearing on 30 June 2022, trawler owner Richard Brannigan denied breaches of GDPR and claimed all three migrant fishermen – Khaled Elagamy, Mohamed Shokr Ghonim and Salem Elfeky – were properly paid. The fishermen, represented by the International Transport Workers' Federation, filed complaints under the Payment of Wages Act and the National Minimum Wage Act, alleging underpayment. Their union rep argued that the Irish Naval Service's Vessel Management System and commercial AIS data would support the fishermen's testimony, while Brannigan's counsel contended that the data was unreliable and obtained unlawfully. Both parties sought an adjournment; the full hearing was postponed until a later date, not earlier than September, by the WRC Adjudication Service. No decision on the claims was made at this stage.
Bláthnaid Ní Chofaigh's sexual harassment claim against RTÉ at the Workplace Relations Commission has been adjourned to September 8th because several key defence witnesses have contracted Covid‑19. The hearing, originally scheduled for 29 June at Lansdowne House, Dublin 4, was postponed after only the legal teams of both parties appeared. Ms Ní Chofaigh alleges gender discrimination through sexual harassment in July 2019 and subsequent victimisation, claims denied by RTÉ. Mairead McKenna SC, representing RTÉ, applied for the adjournment citing the witnesses' illness, and the request was accepted by the adjudicating officer, Breiffni O'Neill. O'Neill also directed the press not to name any witnesses and to exclude the public from the hearing room when evidence about an alleged incident at a hotel photoshoot in July 2019 is presented. The case is expected to last four days, possibly a fifth, with Ms Ní Chofaigh's primary evidence estimated at three to four hours.
The Commercial Court has reserved a decision on an application to hold several directors of DQ Entertainments Ireland Ltd personally liable for about €30 million of the company's debts. Mr Justice Mark Sanfey was asked to order winding up of the firm and to make directors Rashida Adenwala, Tapaas Chakravarti and Sanjay Choudhary, all based in India, personally liable for the debt. The receiver, Mr Patrick Bance, claims that the directors knowingly ran the business recklessly, defrauded creditors, failed to keep proper records, misapplied company money and breached trust. The application was heard before the judge on an uncontested basis; no respondents appeared. The judge reserved his decision, expecting to give judgment shortly. The case also noted that proceedings against two Irish‑based directors were struck out.
A Longford man has brought a discrimination complaint before the Workplace Relations Commission arising from an incident at a grocery shop in Longford Town on 29 June 2021. John Ryan, with an address in Longford Town, alleges he was discriminated against on grounds of disability when he was asked to produce a mask exemption certificate at Fresh Today, located at the Axis Centre. Mr Ryan stated he did not have a written exemption on the date in question but later obtained a medical certificate from a GP in Derry dated 11 August 2021. The shop's representative submitted that staff had been advised by gardaí to request proof of exemption and that Mr Ryan left the store before any directive to depart was issued. The WRC hearing concluded with the adjudicating officer reserving her decision for several months.
In a 2022 decision, the Workplace Relations Commission awarded Andrzej Waszkiewicz €15,000 for racial and religious harassment at Allpro Services. Waszkiewicz, a Polish Catholic, claimed his supervisor, Mr A, failed to act when a colleague, Mr C, laughed at his Jesus tattoo, insulted the Pope, and called him a "rat" and "snitch." He also alleged Mr A threatened to extort money by staging an accident. Waszkiewicz reported the incidents to HR, who offered a site transfer that he declined, and later he was made redundant. The commission found his account credible, noting a lack of formal investigation and witness evidence. It ordered the company to pay €10,000 for religious harassment and €5,000 for racial harassment, and to develop and communicate an anti‑bullying policy.
Microclean Environmental Ltd, a specialist oil‑spill cleaner, obtained a temporary freezing order against directors Gal and Orit Brahami, claiming they owe €147,000 for work carried out in 2016 on a Dublin 4 property. The company alleges the couple are attempting to move assets out of jurisdiction to avoid payment. The High Court, on an ex‑parte basis, granted an injunction preventing the couple from dissipating or reducing assets below €147,000. Microclean says the work cost €192,000, with €147,000 outstanding, and that a settlement agreement was reached after the Brahami's negligence claim against the spill's responsible party was resolved and adjourned to July. The company has not received the balance after five years and fears the couple will remove payments from the jurisdiction. The case will return to court next week.
In a High Court application, Tomasz Blazejewicz, a sales executive from Killorgan, claims that a Garda officer fraudulently obtained his private data following a dispute over an online advert on Advert.ie. Blazejewicz alleges that after a heated exchange with the seller of an electric drone, identified as 'Appletartman', he received a threatening phone call and a WhatsApp message containing his personal information, including IP address, mobile number, and Adverts.ie user ID. He asserts that the Garda requested his data via a Data Request Form sent to Adverts.ie on 25 August 2021, five days before the phone call and two days after the forum exchange. Blazejewicz says no criminal investigation took place and that the Garda who made the request is either the seller or someone known to the seller.
Noel McGrath, the applicant, lost his discrimination claim under the Equal Status Act against Aurivo Co-Operative Society Limited. The Workplace Relations Commission dismissed the allegation that McGrath was discriminated against on the grounds of disability after a cashier at a Homevalue store in Belmullet refused to serve him without a face mask on 22 March 2021. McGrath alleged he was exempt from masking rules due to a medical condition and claimed staff refused service until the manager intervened. However, adjudicating officer Janet Hughes found that McGrath did not disclose his disability or medical reason to the cashier or other staff during the incident. The officer noted that the cashier's refusal was motivated by personal safety concerns for herself and her vulnerable father, rather than any dismissal of a health issue. Evidence from a shop worker, deemed credible by the officer, indicated McGrath told colleagues that everyone was "brainwashed" and that the situation was a "conspiracy." The Commission concluded that the refusal to serve was not related to a disability at any stage. Consequently, the claim was dismissed, and no finding of discrimination was made.
Leitrim County Council has obtained High Court orders against individuals it alleges unlawfully occupied part of the Shannonside View Traveller Group Housing Scheme in Carrick-on-Shannon earlier this month. The council claims persons wearing balaclavas cut open a locked barrier and positioned two caravans on a derelict bay adjacent to a creche, causing distress to children and staff. Three individuals identified as John Mongan, John Mongan Junior, and Margaret Mongan, said to have relocated from Dublin, refused the council's requests to vacate. Mr Justice Brian O'Moore granted interim orders on an ex-parte basis restraining the named defendants and other occupants from remaining on or interfering with the site. The judge also prohibited further structures being placed on the land without council consent. The council cited serious health and safety concerns, noting the bay was closed and unsuitable for occupation. The housing scheme comprises fourteen allocated bays managed by the council on a contractual basis and is not designated as a transient site. The matter will return to the High Court later that month.
Gary O'Brien, 24, of Old Connaught View, Bray, was sentenced to 14 months' imprisonment for threatening to kill Gardaí and their families and for damaging a Garda car. The offences occurred on 21 September 2021 at Shanganagh Park and Shankill. Garda Matthew Firran reported that O'Brien was seen behind a car, threw an object over a wall, and later became abusive, threatening to follow Gardaí home and kill them and their families. He also threw an object at a Garda car, damaging a window. O'Brien was taken to Dun Laoghaire Garda Station, deemed intoxicated, and later claimed he was playing hurling. He pleaded guilty to two charges of threatening to kill or cause serious harm and to criminal damage. Judge Martin Nolan, noting O'Brien's 74 prior convictions and his "reprehensible" behaviour, imposed the 14‑month term, back‑dated to his entry into custody, taking the criminal damage charge into account.
A doctor, Dr Margaret‑Anne Kiely, told the Disclosures Tribunal that a Garda inspector's visit to her surgery over a medical certificate she issued to retired Sergeant Paul Barry was "unnerved" and "inappropriate". The certificate, issued on 4 April 2013 and back‑dated to 28 March 2013, stated that Barry could return to work only if he avoided contact with Superintendent Michael Comyns and did not attend the Co Cork station where Comyns was based. Barry, who had been declared unfit for duty in August 2012 due to work‑related stress, was forced to return to work in March 2013 for financial reasons. The inspector, Anthony O'Sullivan, claimed he was asked by Chief Superintendent Gerard Dillane to verify the conditions of the certificate, but Barry alleged the visit targeted him. Dr Kiely said she had never had a medical certificate questioned before and that any queries should come from occupational health, not a Garda inspector.
Adrian Short, 45, a former Irish Defence Forces member, pleaded guilty to possessing seven images and 14 videos of child pornography. The case was adjourned to allow an independent risk assessment before sentencing. Judge Melanie Greally ordered the Probation Service to conduct the assessment as part of a probation report to determine if additional safeguards are required. Short was arrested after a warrant was obtained following a referral from the Garda National Protective Bureau. A search on March 29, 2021, found a Samsung Galaxy phone and other devices; the phone held sexually explicit images of children and videos of adults abusing children. Short admitted to accessing the material, including via the Telegram app, and claimed he had been sexually abused by his father as a child. He has been in counselling and the case will be finalised on October 21.
In a High Court judgment, Mr Justice Cian Ferriter quashed the Minister for Justice's decision to cancel a Pakistani man's residency permit, which had been based on a finding that he had entered a marriage of convenience and had fraudulently submitted false information. The judge found no material indicating that the information was fraudulent or that a forged marriage certificate had been presented. He noted that the Minister's decision suffered from two infirmities: a lack of evidence of fraud and a failure to properly engage with the evidence and submissions regarding the alleged marriage of convenience. Consequently, the decision was invalidated, and the man's application for a residency card was remitted back to the Minister for a fresh determination. The judgment focused solely on the procedural shortcomings of the Minister's decision and did not address the merits of the marriage‑of‑convenience allegation. The man's case was brought in 2021, and the court's ruling was issued on 21 June 2022.
The parents of a boy who was allegedly attacked by a Pit Bull while visiting a private residence claim that the 1986 Control of Dogs Act is unconstitutional because it does not provide the same protection for victims on private property as it does for those in public places. They have filed a High Court judicial review after local Gardaí and the council's dog warden refused to investigate the incident, stating it could not be investigated because it occurred on private property. The parents argue that the Act allows fines, penalties and destruction orders for dogs not kept under control in public places, but offers no such protection for a lawful visitor in a dwelling who is attacked by a dangerous dog owned by the property's owner.
In a High Court hearing on 17 June 2022, Mr Justice Conor Dignam granted a temporary injunction against former Swim Max Limited instructor Ricardo Rojas. The injunction, issued by Limerick‑based Swim Max, bars Rojas from giving swimming lessons within a five‑mile radius of the firm's premises for an initial period of three weeks. It also prohibits him from using the company's trade secrets or confidential training methods and from competing with Swim Max in that area. Rojas, who left the company in April 2022, had been teaching lessons at a local leisure centre, breaching a restrictive covenant in his employment contract that forbids such activity for six months after departure. The injunction was granted after the firm's founder, Ms Diana Daly, presented evidence that Rojas was still instructing clients and that the company feared reputational damage.