Court archive

Stage Hearing Or Decision court reports

2022-06-17 · Dublin

Caravans vacate high-tech campus, High Court told.

In a High Court hearing on 17 June 2022, Xilinx Ireland, part of AMD, reported that up to 30 caravans had been illegally parked on its Dublin campus at Logic Drive, Citywest Business Campus, Saggart. The company alleged the occupants had trespassed, brought refuse, animals and quad‑bikes, and interfered with a fire‑safety water pump. Xilinx had commenced proceedings on 8 June, seeking an injunction to compel the occupants to vacate. The court granted Xilinx permission to serve notice. On 15 June, counsel informed Justice Siobhan Stack that the occupants had left the premises between 7 pm and 10 pm on Wednesday, after earlier failed promises to depart. Xilinx no longer needed the injunction but remained concerned about remaining material and potential return. The judge adjourned the action, allowing re‑entry if necessary. Xilinx thanked the court and Gardai for their assistance.

2022-06-16 · Cork

GP felt 'unnerved' by garda inspector's visit over medical cert, tribunal hears

In a Disclosures Tribunal hearing, Inspector Anthony O'Sullivan denied that he visited GP Dr. Margaret Kiely's surgery to investigate a medical certificate issued to retired Garda Sergeant Paul Barry. O'Sullivan said he had never seen a certificate stating a person was fit to return to work but should not attend their workplace, and that he was asked by Chief Superintendent Gerard Dillane to check the certificate's validity. Barry, who claimed he was bullied and harassed by senior Gardaí, said the visit was targeted and made him upset and intimidated. Dr. Kiely reported that Barry was unfit for duty in August 2012 due to work‑related stress and issued a certificate allowing him to return to work on March 29, 2013 with conditions that he not work at Fermoy Garda Station. The certificate was back‑dated to March 28, 2013. Barry said he had never had a medical certificate questioned in his service.

2022-06-16 · Ireland

Company ordered to compensate woman asked about nationality in interview

In a case decided by the Workplace Relations Commission on 16 June 2022, Narimene Saad, who was wearing a headscarf, was awarded €1,500 in compensation after the WRC found that Deeward Ltd had discriminated against her on the basis of race. Saad had applied for a part‑time weekend administrative assistant role at the firm's Ballycoolin premises on 4 April 2021. During the interview, the operations manager, Ray Sood, asked her about her nationality, first noting she was from Germany and then asking where she was "originally from", to which Saad replied she was German but originally from Algeria. Saad objected to the question, stating it should not be asked. The interview ended without discussion of her skills or experience. Saad claimed the company was not interested in hiring her because she wore a headscarf. The WRC found that the question about nationality, asked only of Saad and not of other candidates, raised an inference of discrimination.

2022-06-16 · Dublin

Lexus dealership ordered to restore salesman to old job

In a decision by the Workplace Relations Commission, Denis Mahony Limited was ordered to reinstate Fionnan Martin to his former role as a Lexus salesman after he was deemed unfairly made redundant during the COVID‑19 pandemic. Martin had been informed in mid‑April 2020 by sales director Kevin McDermott that he was being let go because of pandemic restrictions, but he received no written notice or further contact from the dealership. The commission found that the company failed to consider alternatives such as temporary layoff, wage subsidies or transfer to a new Lexus "host" position, and that no genuine redundancy situation existed. The adjudicating officer ruled that Martin had been unfairly dismissed and that reinstatement was the appropriate remedy, ordering the dealership to restore him to his previous job. The decision is noted as the first of its kind this year where the WRC has ordered reinstatement rather than compensation.

2022-06-15 · Dublin

Quad-bike joyriding, refuse and animals brought onto chip manufacturer's campus, High Court told

Xilinx Ireland, a semiconductor manufacturer based at Citywest Business Campus in Saggart, Dublin 24, brought High Court proceedings against persons unknown, including Mr Aaron McDonagh, alleging illegal trespass. The company claims that between 25 and 30 caravans were towed onto its campus without authorization. Xilinx alleges the occupants have interfered with the site's fire sprinkler water pump, posing a serious safety risk, and have engaged in quad-bike joyriding, dumped refuse, and brought animals onto the premises. The company stated that despite Garda involvement and negotiations, the occupants refused to leave, though they promised to vacate by 9pm on Wednesday, June 15. Counsel for Xilinx, Stephen Byrne BL, indicated the company was prepared to wait until this deadline expired before seeking an interim injunction to avoid inflaming the situation. Mr Justice Brian O'Moore heard the matter on an ex-parte basis. He granted permission to serve short notice of the proceedings on Mr McDonagh and the other persons unknown, directing that service occur only if the defendants failed to leave as promised. The judge described the proposed course of action as sensible and adjourned the matter to Friday's sitting of the court.

2022-06-15 · Dublin

Parents challenge parish boundary definition in school enrolment case

Two groups of parents whose children were denied enrolment at a primary school have lodged High Court challenges centred on the school's admission policy, specifically the definition of a parish boundary. The parents argue that the policy, approved by the school's patron—a Roman Catholic Bishop outside Dublin—and published online, fails to specify the boundary, making it unclear who qualifies for priority. They claim they were told their children would not be offered a place due to oversubscription, and that the appeals to a three‑person committee under Section 29 of the 1998 Education Act were dismissed without addressing their concerns. Represented by Derek Shortall SC, the parents seek judicial review orders to quash the committee decisions, declare the respondents acted irrationally, and hold the patron accountable for not publishing an effective admission policy.

2022-06-15 · Ireland

Teacher (60) asked if he had 'energy' for role wins age discrimination case

In a June 2022 decision, the Workplace Relations Commission awarded Mr Laurence Dunne, a 60‑year‑old secondary teacher, over €3,000 in compensation for age discrimination after he was denied the housemaster role at Franciscan College Gormanstown. Mr Dunne claimed that during his interview he was asked whether he had the "energy" for the additional duties, a question he interpreted as relating to his age. The school argued the question concerned physical fitness and was unrelated to age. The Commission found the question was indirectly age‑based, as it compared candidates on a basis that would affect older applicants more. Consequently, the Commission ruled the school had breached the Employment Equality Act and ordered a €3,300 compensation payment to Mr Dunne.

2022-06-10 · Ireland

Horticulturalist fired for giving boss 'middle finger' wins unfair dismissal case

In a case heard by the Workplace Relations Commission, a horticulturalist who was dismissed after gesturing the middle finger and saying "fuck off" to her garden centre owner was awarded €6,300 for unfair dismissal. The commission found that the owner had not followed fair procedures during the investigation and disciplinary process. The manager had previously used abusive language towards staff and customers and had been warned about her behaviour. After the incident on 19 June 2020, the horticulturalist was suspended with pay on 2 July and dismissed on 17 July. She appealed, but the appeal was not decided. The commission ruled the dismissal was not proportionate, though the horticulturalist was 10 % responsible for her own dismissal, and ordered the owner to pay the compensation.

2022-06-10 · Ireland

Whitsun Break

The Higher Courts have started their Whitsun Break, with full coverage resuming on June 15 for Trinity term.

2022-06-08 · Ireland

Wedding shop worker awarded €32k over failure to honour redundancy agreement

A wedding shop sales assistant, Natasha Comerford, has been awarded €32,000 in compensation by the Workplace Relations Commission (WRC) after her employer failed to honour an enhanced redundancy agreement. Comerford had worked for the business for 17 years, and her employment terms, including a redundancy package of five weeks' pay per year of service, were transferred from her previous employer under TUPE regulations in 2008. However, when she was made redundant in November 2020, she was only offered statutory terms of two weeks' pay per year of service. The WRC heard that her union, Mandate, had negotiated the enhanced redundancy package with the previous employer, and that all terms and conditions were to be honoured by the new employer. The respondent, Wedding List Solutions Limited, argued there was no evidence to support the claim for enhanced redundancy pay, stating Comerford was paid statutory redundancy in line with other employees.

2022-06-03 · Cork

Retired garda tells tribunal he couldn't have conspired to put sergeant 'in harm's way'

In a Disclosures Tribunal hearing on 3 June 2022, retired Garda Superintendent John Quilter testified that he could not have conspired with other senior officers to place former Sergeant Paul Barry in a room with Superintendent Michael Comyns during the 2014 Irish Open. Quilter said he had booked a family holiday in December 2013, a month before the tournament location was announced, and therefore could not have planned the arrangement. Barry, who had been physically ill during the event, claimed that the presence of Comyns at a pre‑event briefing caused his sickness and that he was targeted by both Quilter and Comyns. Quilter acknowledged taking Barry's concerns into account but stated he had organised cover at the superintendent level from December 2013, noting that a garden festival in Mallow left Comyns as the only available superintendent. The tribunal will resume its hearings on 14 June.

2022-06-03 · Dublin

Covid legislation prevents barman from claiming redundancy, WRC finds

Emergency legislation passed in response to the Covid crisis has prevented a hotel barman with 15 years of service from claiming redundancy, according to a ruling by the Workplace Relations Commission. Brian Mathias was laid off in January 2020 when his hotel closed for refurbishment, two months before the first lockdown. Despite being out of work for over two years, his attempts to claim redundancy have been blocked by the Emergency Measures in the Public Interest (Covid-19) Act 2020. The WRC heard that the Plaza Hotel in Tallaght, Dublin, has remained closed since the lockdown began. Mr Mathias submitted a claim to the WRC, arguing that he was laid off before the pandemic and should be eligible for redundancy. However, the adjudication officer found that the amendment to the Redundancy Payments Act, introduced by the Emergency Measures Act, prevents employees laid off during the emergency period from claiming redundancy.

2022-06-02 · Cork

Chief Superintendent tells tribunal he was 'taken aback' by medical cert

In a Disclosures Tribunal hearing, Chief Superintendent Gerard Dillane described a medical certificate issued to Sergeant Paul Barry as "taken aback" and "frustrating." The certificate, written by Dr Margaret‑Anne Kiely in April 2013, declared Barry fit to return to work but prohibited him from attending Fermoy Garda Station, citing work‑related stress and an unsafe environment. Dillane said he had never seen such a certificate in his 34‑year career and feared it could set a trend. He explained that the certificate's conditions were "neither reasonable nor practicable," and that he offered Barry a transfer to Glanmire or another station, which Barry refused. Barry had been absent for 239 days from August 2012 and returned to work on 29 March 2013 after financial pressure. The tribunal continues to examine the allegations of bullying and harassment involving Barry, Supt Michael Comyns, and senior Gardaí.

2022-06-02 · Ireland

Defence Forces officers body allowed temporarily join union for pay talks

The High Court heard that the State has agreed to allow the Representative Association of Commissioned Officers (RACO) to temporarily join the Irish Congress of Trade Unions (ICTU) for public sector pay talks. RACO had previously been denied consent to join ICTU, unlike the Defence Forces rank‑and‑file body PDFORRA, which had been granted permission. RACO and its Secretary General, Commandant Conor King, sued the Minister for Defence and the Attorney General, claiming the refusal breached RACO's right to collective bargaining and violated the European Convention on Human Rights. After out‑of‑court discussions, the parties settled. The court will order that RACO may become a temporary associate member of ICTU until 30 June 2024 or until related legislation is introduced. RACO agreed not to call for or support industrial action, to refrain from encouraging protests or media commentary against government policy, and to maintain officers' unconditional availability to the State.

2022-06-02 · Kildare

Pregnant worker who was refused work-from-home option wins €45k in compensation

Ann Doherty, an employment support instructor at St John of God Community Services, was denied permission to work from home while pregnant during the first year of the Covid‑19 pandemic. She claimed discrimination under the Employment Equality Act, arguing that other staff were allowed to work remotely. The Workplace Relations Commission found that the employer had unlawfully denied her full pay and work access from March to August 2020. The adjudicating officer noted that Doherty was particularly vulnerable, being pregnant and caring for a young child, and that the employer's refusal was not justified. Consequently, the commission ordered St John of God Community Services to pay Doherty €45,000 in compensation for the loss of pay and the discriminatory treatment she endured.

2022-06-01 · Ireland

Disabled worker dismissed during pandemic because she couldn't work longer hours, WRC finds

During the COVID‑19 pandemic, Kerry Sandwiches Ltd, trading as O'Brien's Irish Sandwich Bar, dismissed Emma O'Connor, a disabled catering assistant, because she could not work enough hours to qualify for the government's Employment Wage Subsidy Scheme. O'Connor, who had been injured in a 2017 road accident and had a physical disability, had returned to work a 12‑hour week from September 2017, earning €120 a week. The company's operations manager informed her on 29 August 2020 that the owners intended to dismiss anyone who would not benefit from the new subsidy, and on 2 September confirmed her dismissal. The Workplace Relations Commission found the dismissal discriminatory, ordered the company to pay €3,200 for discrimination, €480 for failure to give minimum notice, and €18.80 for under‑minimum wage hours, totaling €3,698.80. The company was also ordered to pay over €3,600 in total compensation.

2022-05-31 · Dublin

Permission for 300 apartments and homes in south Dublin is quashed

The High Court has quashed An Bord Pleanála's decision to grant planning permission for 300 apartments and housing units in Monkstown, south Dublin. In a judgment delivered on Tuesday, Mr Justice David Holland found that the board erred in accepting the developer's Environmental Impact Assessment (EIA) Screening Report, which failed to adequately describe the development's environmental effects. Consequently, the board could not lawfully determine that a full EIA was unnecessary. The judicial review was brought by the Monkstown Road Residents Association and three individual applicants: James Barry, a retired Dublin city sheriff; Bairbre Stewart, a chartered accountant; and Christopher Craig, a social entrepreneur. They challenged the permission granted to Lulani Dalguise Ltd for eight apartment blocks and 22 houses on a 3.6-hectare site at Dalguise House. The applicants alleged errors regarding the EU Habitats Directive, bathing water quality, and building height guidelines. While the court dismissed most other grounds, it held that the board failed to provide adequate reasons for finding insignificant effects on cultural heritage and improperly relied on specific planning policy requirements concerning height. The judge confirmed that the proposed development materially contravened Dun Laoghaire Rathdown's building height policy. The permission was therefore quashed, and the matter is concluded with this decision.

2022-05-31 · Cork

Poultry plant workers due compensation for overtime pay breaches

The Workplace Relations Commission (WRC) has issued orders for compensation to poultry plant workers in Co Cork following a dispute over overtime pay breaches. Fifty-seven workers, including applicants Rafal Chojnacki, Gelu Ciulei, Petru Boboc, Petru Draghici, Zoltan Gal, Pawel Marszalkowski, and Kamila Pokropywna, brought claims against AA Euro Recruitment Ireland Ltd under the Protection of Employees (Temporary Agency Work) Act 2012. The complainants alleged they did not receive the same basic working and employment conditions as comparable workers. Eight test cases were adjudicated, with half selected by the employer and half by the Independent Workers' Union. AA Euro Recruitment, represented by HR consultant David O'Reilly, maintained the claims were unfounded and used as leverage for union recognition. Chief Executive Larry Ryan denied any mistreatment or illegal deductions. Adjudicating Officer Patsy Doyle noted that following facilitated talks, the parties reached a mutually agreed resolution acknowledging contraventions of the Act. Orders were made in seven of the test cases, with compensation ranging from €449 to €2,955.74. It was agreed that payments would be issued to the test case claimants upon the making of the WRC orders, with this resolution reciprocated for all associated complainants linked to the eight test cases.

2022-05-30 · Dublin

Irish businessman says luxury London hotel group and Qatari royals defamed him

Ronnie Delany Jnr, an Irish businessman, has filed a damages claim in the High Court against Maybourne Hotels Ltd, its CEO Marc Socker, and two Qatari royals, Sheikh Hamad Bin Khalifa Al Thani and Sheikh Hamad Bin Jassim Bin Jabber Al Thani. He alleges that letters published by the hotel group and Socker, purportedly as agents of the Qatari defendants, were sent to Irish recipients, including Paddy McKillen, and contained defamatory content that harmed his reputation. Delany claims the publication was part of a conspiracy to damage him and seeks exemplary and punitive damages, declarations that the letters defamed him and were conspiratorial, and an injunction to prevent further republication. The court granted permission to serve notice on the defendants, who reside outside Ireland, with potential service in the UK or Qatar. This case follows earlier disputes involving Delany's associate Paddy McKillen and the hotel group's ownership changes involving Qatari investors.

2022-05-27 · Clare

Kuwait claims WRC has no jurisdiction hear cultural office employee's case

In a case brought by former employee Fozia Rafiq against the Kuwait Cultural Office in Dublin, the Kuwaiti diplomatic mission argues that the Workplace Relations Commission (WRC) lacks jurisdiction because the office enjoys diplomatic immunity. Rafiq, employed on a fixed‑term contract from 4 February 2020 to 3 February 2021, claims she was treated less favourably and that her contract was non‑renewed without due process after disciplinary warnings. The mission's lawyers, led by Kiwana Ennis BL, cite sovereign immunity and the precedent of Government of Canada v Employment Appeals Tribunal, asserting Rafiq's role as an accountant does not involve public business of the State of Kuwait. Solicitor Barry Crushell for Rafiq counters that the Labour Court had ruled Kuwait could not rely on sovereign immunity to block a complaint under the Unfair Dismissals Act. Adjudicating officer Máire Mulcahy reserved judgment on jurisdiction and heard Rafiq's evidence, noting her contract allowed non‑renewal with two months' notice.

2022-05-27 · Cork

Garda says he was told by senior officer to 'cover up' child sex abuse allegation

Paul Barry, a retired Garda sergeant from Mitchelstown, claims that in 2012 he was instructed by Superintendent Michael Comyns to conceal an alleged child sexual abuse case involving a suspect linked to senior Gardaí. Barry says Comyns also bullied and harassed him, leading Barry to file a complaint in October 2012. The Director of Public Prosecutions later decided not to prosecute the child abuse allegation, and in November 2015 the DPP also declined to prosecute Barry's claim that Comyns had perverted the course of justice due to insufficient evidence. Barry alleges that Comyns directed him to cover up the abuse and that he was subsequently targeted, refusing to attend briefings and phone calls from Comyns. Barry maintains that the allegations are unfounded, while Comyns denies any wrongdoing. The Disclosures Tribunal is hearing the case in Dublin Castle, with Barry presenting his evidence and the opposing counsel arguing against the allegations. The tribunal will resume its hearings next week.

2022-05-27 · Mayo

Adjudicator ruled out calling gardai in Ammi Burke case

A Workplace Relations Commission adjudicating officer has dismissed an unfair dismissal complaint brought by Ammi Burke of Castlebar, Co Mayo, against Arthur Cox LLC. In his written decision, adjudicating officer Kevin Baneham found that sustained and deliberate obstruction by Ms Burke's mother prevented a key defence witness from being sworn in during the hearing. The officer considered calling gardaí to remove the mother from the hearing room but ruled against this course of action, stating it would be inappropriate for the WRC and would undermine public confidence. Mr Baneham concluded that adjourning would likely result in the same disruption and therefore dismissed the complaint, finding the respondent had not been afforded fair procedures.

2022-05-26 · Dublin

Guinness maker carried out covert surveillance in keg delivery probe, WRC hears

Guinness maker Diageo conducted covert surveillance and interviewed over 70 publicans as part of an investigation into keg deliveries, which led to 15 workers being dismissed by its delivery subcontractor, Shannon Transport & Warehousing Company Unlimited (STL Logistics). Eleven drivers and helpers, some with over two decades of service, are challenging their dismissals in complaints to the Workplace Relations Commission (WRC). The fourth case, involving lorry driver Lukasz Tymicki, was heard remotely. Tymicki, who had 12 years of service, was dismissed in May 2019 after allegations of unscheduled and undocumented keg deliveries to a Dublin pub were raised. STL Logistics claimed that photographs from covert surveillance were used in the disciplinary process. Tymicki denied the accuracy of the photographs and stated that he was not presented with the attached statements during the disciplinary process. He and a colleague were questioned by STL Logistics' management, who suggested that other pubs may have been involved in a keg swap arrangement.

2022-05-25 · Cork

Investigation into complaint over handling of child sex allegation a 'sham', sergeant claimed

In a Disclosures Tribunal hearing in Dublin Castle, retired Garda Sergeant Paul Barry accused the Garda Síochána of mishandling a 2012 complaint he made about the investigation of a child sexual assault allegation. Barry claimed that Superintendent Michael Comyns had bullied and harassed him, and that the investigation was prevented. He said the Director of Public Prosecutions (DPP) later decided not to prosecute the child assault case. Barry alleged that Chief Superintendent Catherine Kehoe, appointed to investigate his bullying and harassment complaints, had delayed the investigation, "perverting the course of justice" by not treating his complaint promptly. Kehoe's reports, submitted in 2013, 2015 and 2016, found no evidence of misconduct by Comyns and no breach of Garda regulations. Barry maintained that the investigation was a sham, biased and lacked morality, sentiment and conscience, and that the sequence of investigations was improper.

2022-05-24 · Ireland

TV researcher awarded €24k in compensation

A TV researcher was awarded €24,000 in compensation after the Workplace Relations Commission found a media organisation had illegally denied her holiday pay. The commission ruled the organisation breached the Organisation of Working Time Act and the Protection of Employees (Fixed‑term Work) Act. The researcher had worked as an independent contractor from 2012 to 2019, with periods of maternity leave and subsequent contracts. She claimed her work was equivalent to that of staff at the assistant producer grade and that she was entitled to a contract of indefinite duration. The adjudicating officer found she had been incorrectly classified as an independent contractor from September 2018 and should have been treated as a permanent employee. The commission awarded €17,000 for the breach of the Fixed‑Term Work Act and €7,000 for the breach of the Organisation of Working Time Act, totaling €24,000 in compensation.

2022-05-23 · Ireland

Man argues he has Constitutional right to community-based mental health care

A man in his 30s, diagnosed with schizophrenia, has obtained High Court permission to challenge the HSE's alleged refusal to provide community-based mental health services. The applicant, who has a history of homelessness, addiction, and convictions for assault and criminal damage, claims his condition deteriorated after release from prison, where he received effective psychiatric support. He alleges the HSE rejected referrals from medical experts, citing him as a "forensic risk," and has not offered appointments or waiting-list acknowledgement. Represented by Michael O'Higgins SC and Brendan Hennessy BL, instructed by solicitor Eileen McCabe, the man and his partner seek judicial review to quash the refusal or compel the HSE to consider his application. They also seek declarations that the HSE erred in law, breached his Constitutional and European Convention on Human Rights, and that he possesses a Constitutional right to the specific community care required given his lifelong mental health issues. Counsel argued that without these services, the man risks becoming a danger to himself and others. The application for permission came before Mr Justice Charles Meenan, who granted it on an ex-parte basis. Noting the urgency of the action, the judge made the matter returnable to a date in June. The parties cannot be named for legal reasons.

2022-05-20 · Louth

World-leading manufacturer can exit examinership - High Court

The High Court approved a survival scheme for Premier Periclase Ltd, a Co. Louth magnesium‑based heat‑resistant product manufacturer, allowing it to exit examinership. The company, operating since 1977 from Boyne Road, Drogheda, had faced insolvency due to soaring gas and energy costs, owing €2.5 million to Bord Gais and €900,000 to Energia. In December 2021 it sought court protection, claiming Bord Gais threatened to cut supply unless a substantial payment was made, which it could not afford. Judge Brian O'Moore approved the scheme devised by examiner Neil Hughes of Baker Tily, with Gary McCarthy SC supporting it. The plan will bring fresh investment, require a switch from natural gas to renewable energy over 18 months, and temporarily reduce the workforce by half, with hopes of rehiring post‑switch. The company will continue trading as a going concern under the approved survival scheme.

2022-05-20 · Cavan

Sean Quinn allegedly "trespassing" on lands owned by his former companies, court hears

At the High Court on Friday, Mannok Cement Limited and Mannok Build Ltd sought an injunction to prevent Sean Quinn from trespassing on lands in Co Cavan, including Swanlinbar Quarry. The companies allege that Mr Quinn has repeatedly entered their properties without entitlement since late 2019, most recently on 8 May while driving a vehicle. They contend his presence poses health and safety risks given active industrial operations on site. Mr Quinn did not attend the hearing due to short notice but submitted a letter to the court. He offered an undertaking not to visit Mannok-owned properties provided he retained access to a roadway linking Swanlinbar Quarry to a cement factory, which he states he constructed two decades ago and requires for business interests and windfarm development discussions. Mr Justice Alexander Owens adjourned the application to the following week. The companies dispute Mr Quinn has any legitimate claim to road access or legal interest in the lands.

2022-05-20 · Ireland

Security guard fairly sacked for sleeping on the job

In a 2022 ruling, the Workplace Relations Commission upheld the dismissal of security guard Jaroslaw Lukasiewicz by K‑tech Security Unlimited Company after he was found asleep on duty at a housing estate in Offaly, where he was responsible for assets worth millions of euros. The company argued that his sleeping constituted serious breaches of discipline and a breach of client trust, citing potential disastrous consequences such as a fire or break‑in. Lukasiewicz admitted he had fallen asleep but contended it was involuntary, citing long, variable shifts that he claimed disrupted his sleep rhythm. The WRC found no evidence of procedural defects and accepted the company's position that the dismissal was fair, noting that the company complied with the Organisation of Working Time Act and that Lukasiewicz had taken all entitled breaks. The decision was upheld on appeal to an independent expert.

2022-05-20 · Limerick

€10k for hospital porter told he couldn't take time off

Michael Moore, a hospital porter who has worked at the University of Limerick Hospitals Group since 1986, was awarded €10,000 in compensation by the Workplace Relations Commission for the HSE's failure to allow him to take his full annual leave over a decade. Moore had built up a legal entitlement to more than five months of paid time off, but the HSE consistently denied his requests, citing a lack of cover. He kept a personal record of his hours and obtained a holiday log from HR. The Commission found that from 2005 to 2015 Moore received less than his entitlement each year, accumulating a deficit of about ten weeks by the time of the hearing in March. The adjudicating officer, Ewa Sobanska, ruled the complaint well‑founded, directing the hospital group to pay the compensation and acknowledging the gravity and sustained nature of the infringements. The award reflects the hospital's obligation to honour Moore's accrued leave entitlement.

2022-05-19 · Galway

Chef 'shocked' to found out restaurant had applied for permission to be turned into offices

Padraic Casserly, executive chef at Tribal Restaurant Ltd (Tribeton bar and restaurant) in Galway, was dismissed after the company applied for planning permission to convert the restaurant into office space. He claimed unfair dismissal under the Unfair Dismissals Act, the Organisation of Working Time Act and the Payment of Wages Act. The company had closed the restaurant temporarily in March 2020 due to Covid‑19 restrictions and later sought office conversion permission, granted in September 2020. Casserly's solicitors argued that the company's refusal to engage with his employment queries and failure to respond to his letters amounted to dismissal. The Workplace Relations Commission found the dismissal unfair and awarded him €21,461.97 in compensation, including 20 weeks' pay, unpaid notice, and non‑payment for public holidays.

2022-05-19 · Galway

Aramark ordered to pay €45k to catering manager for unfair dismissal

In a decision by the Workplace Relations Commission, Darragh O'Farrell, a general manager at Campbell Catering Ltd trading as Aramark Ireland, was awarded €45,000 in compensation for unfair dismissal. O'Farrell had been employed since 2017 and managed up to 100 staff at sporting events. He was laid off during the first pandemic lockdown, a period when the government had introduced wage subsidies. The company argued his role was redundant due to the pandemic's impact, citing cancelled events and a sharp decline in business. O'Farrell contended the redundancy process was rushed, lacked clarity, and did not reflect the extraordinary circumstances. The adjudicator found the dismissal unfair, noting the employer should have treated the redundancy in line with the government's wage subsidy scheme. The award included an additional €821 for five days of annual leave. The case highlights the Commission's stance on employer conduct during the pandemic.

2022-05-18 · Cavan

Mannok companies take action against Sean Quinn alleging trespass

Two Mannok companies have initiated High Court proceedings against Sean Quinn, alleging trespass on Swanlinbar Quarry in County Cavan. Mannok Cement Limited and Mannok Build Ltd seek an injunction to restrain Mr Quinn from entering the site, which they claim he has accessed without entitlement on several occasions since late 2019. The firms allege the most recent alleged trespass occurred on 8 May when Mr Quinn was reportedly seen driving on the lands. The companies argue that as active industrial sites with operating heavy machinery, Mr Quinn's presence creates significant health and safety risks and that only authorised personnel may be present. The firms state they are uncertain of Mr Quinn's purpose but believe his actions constitute defiance towards management. The companies note that Mr Quinn previously gave an undertaking before Belfast Court in 2021 not to trespass on lands at Doon, County Fermanagh. On Wednesday, Ms Justice Siobhan Stack granted permission to serve short notice of the proceedings at Mr Quinn's address in Ballyconnell, County Cavan, on an ex-parte basis.

2022-05-17 · Offaly

Court orders arrest of mum-of-four over alleged failure to remove caravan

A judge ordered the arrest of Sandra O'Brien, a mother of four, for allegedly failing to remove her caravan from the Church Hill estate in Tullamore, Co Offaly. O'Brien had previously promised to vacate the estate by 10 am on 17 May, but the court found her caravan had moved within the estate. Mr Justice Alexander Owens directed Gardaí to arrest her and bring her before the High Court at a later date for contempt of court. The estate is managed by NAMA‑appointed receiver Aiden Murphy, who had obtained earlier injunctions requiring trespassing caravans to leave. O'Brien had been served with proceedings in February and had refused to vacate, citing lack of housing and safety concerns for her children. The receiver had considered prison but was left with no alternative after her refusal to comply.

2022-05-17 · Ireland

Google allowed joined academic's action over processing of personal data

In a High Court action, Dr Johnny Ryan, a senior fellow of the Irish Council for Civil Liberties, has sought to have Google Ireland Ltd joined as a notice party. Ryan alleges that the Data Protection Commission (DPC) failed to investigate his 2018 complaint about the processing of personal data by Google and the Internet Advertising Bureau Europe. He claims the DPC's delay breaches the 2018 Data Protection Act and the GDPR, particularly regarding the Real Time Bidding (RTB) system used for targeted online advertising. The DPC denies any delay and has been instructed to file an opposition statement. The judge adjourned the case to late June, allowing parties to apply to the court if needed, and noted that any commercially sensitive material could be redacted. The case remains a judicial review of the DPC's investigative conduct.

2022-05-13 · Dublin

Building earmarked for Ukrainian refugees illegally taken over by 'Revolutionary Workers Union', court told

The High Court heard that work on converting Lefroy House, a former homeless shelter on Eden Quay, into accommodation for Ukrainian refugees has stopped because the building was allegedly broken into and occupied on 1 May by a group calling itself the Revolutionary Workers Union. The Salvation Army, which holds a long leasehold interest and had been renovating the property, cannot access the premises or continue repairs. Lawyers for the Salvation Army presented evidence that the occupiers refuse to vacate, have renamed the building James Connolly House, and display flags such as the Starry Plough. The occupiers claim the building was seized under a 'People's Acquisition Order' and that they are protecting it from being retaken. The Salvation Army seeks an injunction to stop trespassing and to allow its agents to take possession.

2022-05-13 · Cork

Catering workers awarded compensation over 'lazy' redundancies

In a 2022 ruling, the Workplace Relations Commission found that Sodexo's redundancy process for two night‑shift workers at a client site in Ovens, Co. Cork was "lazy" and "wholly inadequate." Patricia Fleming, a chef supervisor since 1998, and Kaye McDonnell, a supervisor since 1999, claimed they were deliberately targeted for redundancy because they earned higher rates. They argued that Sodexo's consultation failed to allow counter‑proposals and that the client had shifted to home working due to the pandemic. The Commission noted that Sodexo had paid full wages with government subsidies until September 2020, after which the client intended to continue remote work. Both women were given redundancy notices, a lump‑sum payment capped at a year's salary, and the right to appeal, which they did not exercise. The adjudicating officer ruled the dismissals were unfair, awarding Ms. McDonnell €8,580 and Ms. Fleming €5,305.36, reflecting the difference in weekly pay between their former and new employers.

2022-05-12 · Tipperary

Factory worker injured by falling sheets of glass awarded six-figure damages

In a High Court decision, 59‑year‑old James Molloy, a glass factory worker from Nenagh, was awarded a six‑figure sum for injuries sustained on 16 March 2018 when sheets of glass fell from a trolley. The court found Tipperary Glass Limited negligent for failing to secure the glass, which weighed 100 kg and was estimated to number 10–20 sheets. Molloy suffered compression injuries to his lower limbs and back, lacerations, and permanent scarring, and was confined to bed for four to six weeks. The judge awarded €75,000 in general damages, €38,000 for loss of earnings to date, and a future earnings loss equivalent to four years of wages, with the exact amount to be finalised later. An additional €7,000 for special damages was also granted. The case will return to court to resolve remaining matters later this month.

2022-05-12 · Wexford

Migrant fisherman claims he was underpaid by €37k

Habib Kannis, a 41‑year‑old Egyptian migrant fisherman, claims he was underpaid by €37,196 while working on two Wexford trawlers, Verlaine and Ocean Harvester II, between 2017 and 2020. He alleges the operator, OF Fishing Ltd, failed to provide required working‑time records and that he was paid a split of the catch's market value rather than minimum wage. Kannis says he worked 18‑20 hours a day, was denied a monthly work‑permit form, and faced threats from the skipper to cancel his contract if he complained. His union argues the company breached the Atypical Work Permit Scheme by not paying a 39‑hour week at minimum wage during off periods. The adjudicating officer, Valerie Murtagh, noted the company denied unfair dismissal and said Kannis resigned, but the hearing will consider the claim of underpayment and procedural breach.

2022-05-11 · Ireland

Jennifer Carroll MacNeill: victim impact statement in full

Jennifer Carroll MacNeill, a 41‑year‑old mother, councillor, and Fine Gael candidate, delivered a victim impact statement after receiving unsolicited sexually explicit videos. She described the incident as a profound violation of her privacy and sense of security, affecting her personal life, professional duties, and campaign activities. The videos forced her to question her safety and caused her to feel a real, tangible threat. She noted the emotional toll on her family, who became more vigilant and concerned. Carroll expressed that she did not wish to be in court or to use the proceedings for personal distress, but felt compelled to address the intrusion to protect herself and her loved ones. The statement highlighted the lasting impact of the assault on her personal and public life.

2022-05-11 · Galway

Bid for extra €72k in compensation due to inflation in construction costs is rejected

Conor Hynes, who was unfairly dismissed by Heneghan Premier Services Ltd after raising concerns about the lack of PPE for workers during the Covid‑19 pandemic, was awarded €24,840 by the Workplace Relations Commission. Hynes sought an additional €72,000 in compensation for inflation in construction costs, arguing that the price of building materials had risen after his dismissal and that this loss was directly linked to his protected disclosure. The Commission found no evidence that Hynes had committed to building a house before his dismissal and therefore excluded that loss from the decision. The company was not represented at the initial hearing but later joined by an HR consultant who submitted documentary evidence. The adjudicating officer ruled that, in the absence of a defence, the termination was unfair and awarded the €24,840, noting that any redundancy payment would be deducted from the compensation.

2022-05-10 · Dublin

Pre-trial matters resolved in woman's action against Rihanna

In a High Court action, Dana Kavanagh (47) from Finglas, Dublin, sued Rihanna (Robyn Fenty) for alleged malicious falsehoods in an email sent on 11 July 2013 and a phone call to Kavanagh's sister‑in‑law. Kavanagh claims the email, which named her partner Geoffrey Keating – Rihanna's head of security in 2012‑2013 – caused her mental distress and destroyed a business she had built with Keating, called Geoff Keating Media. Rihanna denies the allegations. Two pre‑trial motions, including one about the discovery of certain materials, were resolved and could be struck out on consent. The case remains pending, with no hearing date set. Earlier, Rihanna's lawyers sought to set aside service of the proceedings at her New York home, but a 2018 judgment by Justice Miriam O'Regan found the service was valid under New York and U.S. federal law, though it noted "just grounds" for declaring the service affected by local court rules.

2022-05-10 · Offaly

Distillery has 'legitimate expectation' of tax relief on hand sanitiser production, judge finds

In a High Court decision, Justice Siobhan Phelan ruled that Arderin Distillery Ltd, which had purchased alcohol to produce hand sanitiser for hospitals during the Covid‑19 emergency, had not yet received a formal decision from Revenue on its application for excise duty relief. The judge found the distillery's challenge premature because no decision had been made, but acknowledged that the distillery had a legitimate expectation of relief based on assurances from a Revenue official. The court held that, in the absence of a refusal or acceptance, the distillery could not obtain the declarations it sought. The judge noted the health emergency's urgency and the lack of pre‑litigation correspondence, which had hindered clarity and increased legal costs. No interim relief was granted. The case remains at the stage of an unmade decision by Revenue.

2022-05-09 · Monaghan

Agri-food plant extension opposed by estate owner

John Moreharte, owner of Bellamont Castle and Dromore Lake in Cootehill, Co Cavan, has brought a High Court judicial review challenging An Bord Pleanala's decision to grant planning permission to Abbott Ireland. The applicant seeks to quash the board's March 14 decision, which allowed Abbott to extend its Dromore, Co Monaghan facility by 2,661m2 to increase laboratory, office, car park, and warehouse space for infant milk products. Mr Moreharte, represented by Evan O'Donnell BL, alleges the board failed to consider its obligations under the EU Environmental Impact Assessment, arguing an EIA was required given the facility processes over 100 tonnes of raw material daily. He further claims the board acted contrary to the EU Directive on Habitats. Monaghan County Council originally granted the permission, which was appealed by both Mr Moreharte and An Taisce. Abbott Ireland and Monaghan County Council are notice parties to the proceedings. The matter was mentioned before Mr Justice Charles Meenan at the High Court on Monday, who adjourned the matter to a date later this month.

2022-05-06 · Wicklow

FG councillor claims he was 'railroaded' out of job of 19 years

Edward Timmins, a Fine Gael councillor and former finance director of AB Group Packaging Ireland Ltd, claims he was unfairly made redundant in 2020 after 19 years with the company. He alleges the redundancy was a sham driven by interpersonal difficulties with owner Dermot Brady, rather than genuine financial restructuring. The company contends the role was eliminated to make the business more agile following a failed U.S. expansion and a shift to a new software system. Timmins says he was told his position was at risk due to the company's withdrawal from the U.S. market and cost‑cutting needs, and that he was offered statutory redundancy pay and a six‑month notice period. He disputes the process as "baseless" and "railroaded," while the company's HR consultant, Mark Slattery, maintains the redundancy was part of a legitimate restructuring plan. The Workplace Relations Commission has adjourned the case for further cross‑examination.

2022-05-06 · Ireland

Worker gets €31k after boss unilaterally imposed retirement age

James Spencer, aged 70, was dismissed by Heavey Technology‑Quality Labels Ltd after the company unilaterally imposed a mandatory retirement age of 66, citing Covid‑19 public health concerns. Spencer had requested leave in March 2020 and later sought to return to work. The firm's sales director, in a letter dated 19 June 2020, announced a policy change aligning retirement with the State pension age, a change not previously in the employment contract. Spencer's solicitor argued that the contract could not be altered unilaterally and that the company's practice allowed employees to work beyond 66, citing a colleague who worked into his 72nd year. The adjudicating officer found the manager's unilateral change unreasonable, noting no public health guidelines required retirement at 66. Spencer was awarded €31,558 for unfair dismissal, equivalent to 18 months of his gross salary, and the Employment Equality Act claim was dismissed as a parallel claim.

2022-05-05 · Cork

Supreme Court to hear Cork flood relief works case

The Supreme Court has agreed to directly hear an appeal by the Save Cork City Community Association CLG (SCCCA) against the High Court's refusal to overturn An Bord Pleanála's permission for flood relief works in Cork city. Last year, Mr Justice Richard Humphreys found that the SCCCA had not made out grounds for an order quashing the permission granted to Cork City Council for the works. He also ruled that the group is not entitled to a stay on the works being carried out. In his judgement, the judge found that the group was entitled to a declaration that the council did not comply with public participation obligations under the planning acts to ensure members of the public could inspect or purchase a Natura Impact Statement concerning the works. The group applied to the Supreme Court for a direct or 'leapfrog' hearing of its appeal against the High Court's decision. It also claimed that the case raises an important issue concerning Environmental Impact Assessment screening. In a determination, a Supreme Court panel comprised of Ms Justice Elizabeth Dunne, Mr Justice Seamus Woulfe and Mr Justice Gerard Hogan said that exceptional circumstances of public importance exist in this case which required the appeal to be determined by the court. In its action, the group challenged the board's decision of June 17, 2020 to grand permission for remedial works to the existing quay walls in Cork city and construction of improvement works and flood defence works between Parliament Bridge and Parnell Bridge along Morrison's Quay and Fr Matthew Quay, and a short section along Union Quay close to Trinity footbridge at Morrison's Island. The group alleges the permission involved impermissible "project splitting" within the meaning of the Environmental Impact Assessment (EIA) Directive of the Lower Lee Flood Relief Scheme (LLFRS), the overall flood relief scheme for the city. Its concern was that part of a project for the purposes of the directive may now be given consent without the project as a whole being made subject to an EIA. The case was taken against the Board, the Minister for Housing, Local Government and Heritage and the State. In its decision granting a leapfrog appeal, the Supreme Court accepted that the group had raised a point of general, public importance that requires a determination by it. The issue raised relates to whether the power to conduct an EIA screening can be implied in the relevant section of the 2000 Planning and Development Act, particularly where it is said that there is no provision for such a procedure when an EIA report is required. The group argues that the High Court decision has profound implications for legal certainty in local authority development, not least because the relevant law does not specify what should happen if Environmental Impact Assessment is required. The Supreme Court said it would not hear arguments in relation to the second point raised by the group, as to whether the High Court applied an incorrect test of "practical interpretation" to the concept of project splitting under the EIA Directive. That point had been dealt with in another case ruled on by the Supreme Court, the three-judge panel determined. The Supreme Court will fix a date for the hearing of the appeal at a later stage.

2022-05-05 · Cavan

Environmental campaigner fails in challenge to weather mast at wind farm

An environmental campaigner has failed in a High Court challenge to overturn An Bord Pleanala's decision to permit a weather mast at a wind farm in Co Cavan. Val Martin, a farmer and environmental campaigner resident near the Raragh Wind Farm at Corrinshigo, sought judicial review of the board's October 2020 approval for completion of a meteorological mast at an alternative location on the five-turbine site. Mr Martin contended that permission should not have been granted without an Environmental Impact Assessment, given the mast's relocation from its originally specified position. He also argued that two public notices should have been displayed near the proposed mast location. Mr Justice Cian Ferriter rejected these submissions, finding that substantial grounds had not been established to grant leave for judicial review. The judge held that the board and its inspector had not erred in determining that an EIA was unnecessary, stating their findings were unimpeachable in law.

2022-05-05 · Galway

Cinema manager sacked after being found asleep at desk wins unfair dismissal case

James Sammon, former general manager of Galway Multiplex Ltd, was dismissed in July 2020 after an investigation found him asleep at his desk and smelling of alcohol on 18 November 2019. The cinema's HR manager reported that a customer and two supervisors alleged Sammon had fallen asleep, sent a junior colleague to buy alcohol and cigarettes, and had a strong alcohol odor. CCTV footage was cited as evidence of his intoxication. Sammon was suspended with pay on 19 November and did not attend the disciplinary hearing, citing a nervous breakdown. He later claimed excessive working hours (56–60 per week) and lack of statutory breaks. The Workplace Relations Commission ruled Sammon was 60 % responsible for his dismissal, awarding him €1,600 in unfair dismissal compensation and an additional €1,018 for breaches of the Organisation of Working Time Act, while rejecting other working‑time claims.

2022-05-04 · Dublin

Driver who caused death of drunk man lying on road avoids jail

In a case heard at Dublin Circuit Criminal Court, a construction worker, Mohamid Benchouat, aged 25, was given a suspended 12‑month prison sentence for driving without due care and attention, causing the death of Ilmars Zorge, a 33‑year‑old Latvian fruit picker, on the R125 in Swords on 24 June 2018. Benchouat failed to notice Zorge lying on the road, passed the victim and drove over him. Witnesses reported that Benchouat left the scene but later cooperated with Gardaí who traced his vehicle. The judge, Melanie Greally, noted Benchouat's remorse, character references, and previous convictions, including driving without insurance. Benchouat was ordered to keep the peace for the suspended period and pay €2,000 to Zorge's family. The court highlighted the emotional distress and financial burden faced by the victim's family, who had no relatives in Ireland. The case was presented as a serious breach of road safety, with no evidence of extreme speed or intoxication. Mohamid Benchouat pleaded guilty.