During a 2015 psychiatric assessment, 58‑year‑old Daniel Cregg expressed child‑abuse views that alarmed his GP. The GP reported these concerns to Gardaí, who obtained a search warrant for Cregg's flat on Edenvale Road, Dublin. Cregg cooperated with the search, admitting the presence of "child porn" material. Gardaí discovered 2,487 sexually explicit images of children on his computer equipment, nearly 400 depicting sexual activity. Two images were printed and combined to illustrate an act, forming the basis for a charge of production of child pornography. Cregg pleaded guilty to both production and possession of child pornography on 8 July 2015. The court noted the large quantity of material and the technical skill involved as aggravating factors, while his difficult personal history and lack of prior offences were mitigating. Judge Melanie Greally imposed a two‑year prison term, suspended for two years, contingent on continued engagement with the Probation Service and mental health services.
In a Commercial Court case involving the Kilkenny Shop and Restaurant on Dublin's Nassau Street and its landlord, Setanta Centre Unlimited Company, the dispute was settled out of court. Clydaville Investments, which operates the Nassau Street store and other Kilkenny Group outlets, had challenged a €150m redevelopment plan for the centre, arguing that the proposed rules would impede pedestrian and vehicular access, including deliveries, and would undermine the business. The case, originally scheduled to commence before Mr Justice Michael Quinn, was adjourned to allow settlement talks. When it returned to the court, Declan McGrath SC for Clydaville informed the judge that the parties had reached an agreement. The court struck out the proceedings and vacated all prior orders, with no costs order required. The settlement terms remain confidential. The case had been listed for ten weeks and centred on the redevelopment approved by Dublin City Council and An Bord Pleanala.
A farmer, Aeron James, was dismissed by Dawn Meats Ireland after the company hired a private investigator to covertly photograph him working on his farm while on sick leave. James claimed the investigation and disciplinary process were procedurally unfair, noting he was not informed of the allegations before suspension and that the investigation was conducted without his union representation. The Workplace Relations Commission found the dismissal was disproportionate and lacked procedural fairness, awarding James €12,000 for unfair dismissal and €2,556.62 for failure to provide statutory notice entitlements. Dawn Meats argued James was dismissed for gross misconduct after a "thorough and fair" disciplinary process, but the Commission concluded the process was flawed and the dismissal unjustified. The case highlights the importance of procedural fairness in employment disputes.
A High Court challenge has been initiated against An Bord Pleanala's decision to grant planning permission for 227 apartments in Goatstown, South Dublin. The applicant, Mr Ciaran Mulloy from Woodlands Park, Blackrock, Co Dublin, alleges that the decision breaches domestic and European Union laws, including the Dun Laoghaire-Rathdown County Development Plan, urban development requirements, open space guidelines, and building height regulations. He further claims that the board failed to assess public transport capacity and that the decision contravenes proper zoning and a protective corridor for the proposed Dublin Eastern by-pass. Additionally, it is alleged that the board's decision breaches the developer's obligations under the EU directive on Environmental Impact Assessments. Mr Mulloy seeks various reliefs, including an order quashing the board's decision. The action is against An Bord Pleanala, Ireland, the Attorney General, and Dun Laoghaire Rathdown Co Council, with Knockrabo Investments Ltd DAC as a notice party. The application for permission to bring the proceedings was heard by Mr Justice David Holland, who granted Mr Mulloy leave to proceed and adjourned the matter to a date in May.
In a statement outside the Criminal Courts of Justice, Jason Poole, brother of the 24‑year‑old Jennifer Poole, thanked the court for handing down a mandatory life sentence without parole to the man convicted of her murder. He described Jennifer as honest, caring, hardworking, a loving mother to her two children, and a bright, bubbly person who was loved by all who met her. Poole expressed that the family now lives two lives – before and after Jennifer's death – and that they will continue to fight in her name. He called domestic violence "far too common" in Ireland and urged anyone experiencing it to seek help, speaking to guards or organisations for support. Poole also thanked the Finglas Gardaí, the family liaison officer, and the media for their support and privacy over the past year. The statement was delivered on the day the court delivered the sentence.
A High Court judge dismissed a motion by Atlas GP Limited to set aside a December decision that granted Killiney residents leave to challenge An Bord Pleanála's planning permission for 255 homes on Church Road. The residents, represented by Stephen Dodd SC and Eoin Brady, argue the development fails to meet public space requirements and that the board acted beyond its powers, relying on inadequate environmental surveys and breaching EU directives. Atlas, a notice party, also sought to prevent the residents from amending their challenge grounds and to restrain any disinterested party from intervening. The judge rejected these motions, stating the residents' standing was not delegitimised by their subjective attitudes and that the case may ultimately fail but remains legitimate. Atlas has also pursued separate injunctions and defamation claims against the residents, which the judge noted could be viewed as SLAPP litigation but could not confirm. The residents continue their judicial review against An Bord Pleanála and the Attorney General.
In a High Court settlement, St James Hospital apologised to Barry Comer for misinterpreting two ultrasound scans of his late wife, Lyndsey Comer, who died of cancer in 2017. The hospital admitted the scans in October 2015 and January 2016 were incorrectly read as a possible muscle bleed, leading to a delayed cancer diagnosis. The settlement included a €25,000 payment, coverage of legal costs, and a commitment to review procedures to prevent recurrence. The court heard the CEO's apology and the judge noted the case was "sad" and "difficult." Mr Comer, a businessman and Gaelic footballer, expressed relief that the matter was resolved and emphasised the importance of accurate medical assessment. The hospital denied that earlier diagnosis would have altered the outcome.
A school bus operator who claimed his pay was withheld and that he was constructively dismissed successfully defended a claim of unfair dismissal. The driver, who worked 25 hours a week from August 2018 to February 2020, alleged non‑payment of wages and constructive dismissal under the Payment of Wages Act and the Unfair Dismissals Act. He said the bus company owner had left €600 in his letterbox, contrary to an agreement that cash should be left on the bus dashboard, and that the owner had previously failed to pay €1,500 in wages. The owner, who represented himself, argued the driver had objected to bank transfers, that he had been paid in cash, and that the driver had requested to return to a FÁS scheme but was told to wait 12 months.
In a Commercial Court dispute, Clydaville Investments, operators of the Kilkenny Shop and Restaurant on Dublin's Nassau Street, has brought proceedings against Setanta Centre Unlimited Company over €150m redevelopment plans for the centre. The case, which was to commence before Mr Justice Michael Quinn, was adjourned to allow out‑of‑court settlement talks. Clydaville, represented by Declan McGrath SC, Andrew Fitzpatrick SC and Stephen Byrne BL, alleges that the proposed rules by Setanta would interfere with pedestrian and vehicular access, including deliveries, to its Nassau Street outlet, and that the rules are designed to remove the plaintiff from the way during redevelopment. The company seeks orders prohibiting the implementation of the new rules and preventing interference with ingress and egress. Setanta, represented by Eoin McCullough SC, Rossa Fanning SC and John Lavelle BL, denies the claims.
In a High Court hearing on 26 April 2022, the landlord of a Dublin premises housing Liffey College, a language school with over 600 students, denied threatening to change the building's locks. Mr Paul Dormer, one of the landlords, represented himself and stated he had never threatened to alter the locks and had offered an undertaking not to do so. He also claimed an email had been sent confirming the locks would remain unchanged. The case arose from a rent dispute, with the school leasing the first floor and attic for four years and ten months at €160,000 per year, and arrears of about €80,000. Mr Haseeb Ahmed, the school's director, had secured a temporary injunction fearing the landlords might lock the premises, but the judge accepted the undertaking and postponed any ruling on legal costs. The landlords also contest the validity of a receivership placed on the property. The matter remains pending.
Three former workers at an egg production facility in County Galway have secured redundancy payments following a Workplace Relations Commission ruling, two years after their initial claims were rejected due to the company's dissolution. Ronan McGrath, Brendan Eifert and Mark Hughes had sought redundancy entitlements from Galway Free Range Eggs Ltd after losing employment in early 2020. Their original complaints could not proceed when the company was struck from the register. The men subsequently obtained a Dublin Circuit Court order in April 2021 to restore the company, enabling their claims to progress. Adjudicating officer Catherine Byrne upheld their complaints under the Redundancy Payments Act this week, finding their employment had been genuinely redundant. Mr McGrath, who managed the egg packing plant in Cregmore, had over nineteen years' service, while Mr Hughes and Mr Eifert had served approximately seventeen and twelve years respectively. The largest lump sum is understood to exceed €20,000. Their solicitor noted the case raised wider concerns about employees unable to afford similar legal action.
The Workplace Relations Commission has rejected a discrimination complaint filed by But Bernard Carberry against T Ó hUiginn & a Comlucht Teo (T O'Higgins & Co Ltd) of Galway. Carberry, who represented himself, alleged that in January 2021, he was subjected to abuse and threats of police involvement when he refused to wear a face mask in the hardware store, claiming a medical exemption. He argued that the burden of proof lay with the retailer to demonstrate the efficacy of masks via peer-reviewed studies. The company contended that it was strictly enforcing public health guidelines and that Carberry failed to provide any evidence of his claimed disability or exemption, despite requests for proof. Adjudicating Officer Janet Hughes ruled that the retailer was not required to justify public health guidelines. She noted that Carberry refused to provide medical evidence, even when offered the option of an anonymised decision. The officer concluded that there was no possibility of the claim succeeding on grounds of disability discrimination and that continuing the hearing would be a waste of time. Consequently, the complaint was found not well founded.
In a 2022 case, Sherry Garden Rooms Ltd was found to have unfairly dismissed sales manager Kieran Murray, who had been told he was redundant in 2020. The company claimed the redundancy was genuine, citing a pandemic‑related downturn and a €6,744 lump sum payment. However, the court noted that the firm had posted a Facebook advert for a junior role in June 2020 and had not consulted Murray before declaring his role redundant. The judge highlighted that the company had experienced increased demand and had sold a garden room in April 2020, contradicting the claim of no work. Murray's claim of €45,000 loss was rejected; instead, the court awarded him €32,833.70 in compensation, plus two weeks' salary and €1,500 for an inaccurate start date. The decision also found breaches of the Employment (Information) Act and the Minimum Notice and Terms of Employment Act.
Stephen Preston, a stage hand with 16 years of experience at Metropolitan Films, claimed he was blackballed after his union shop steward, John Arkins, spoke to an Oireachtas committee about alleged industry practices. Preston alleged that he was told he was "too close" to Arkins and would never be rehired. He and fellow stage hand Nigel Murphy filed complaints under the Protection of Employees (Fixed-Term Work) Act 2003, but the Workplace Relations Commission ruled the claims were brought outside the statutory time limits. The Commission found neither man was an employee of Metropolitan, and both had last worked for the company more than twelve months before filing. Consequently, the Commission had no jurisdiction to investigate, and the complaints were dismissed as statute‑barred. The decision was part of a larger series of 39 complaints from IFWA members lodged between December 2019 and March 2020.
Six bar staff at the Foxhound Inn in Kilbarrack, Dublin 5, have been ruled entitled to redundancy payments totaling over €76,000 by the Workplace Relations Commission. The pub, which is currently being sold after the owner placed the operating company into receivership, was the location of a scene in the 1996 film adaptation of Roddy Doyle's The Van. The employees, including Derek Hyland, Kaytlyn Hyland, Billy Hyland, Jacqueline Mulligan, Ann Fulham, and Bernadine Murphy, filed complaints under the Redundancy Payments Act against Carnoet Ltd, trading as the Foxhound Inn. Their claims were upheld in decisions published by the WRC. Derek Hyland stated that he was given a claim form for statutory redundancy by a bookkeeper in early 2021 but was told by his employer, Jim Coughlan, that he was advised not to sign it.
A group of seven retail managers at Paddy Power, represented by the Mandate trade union, have lodged claims under the Payment of Wages Act against Flutter Entertainment PLC, alleging unlawful deductions from their pay. The managers claim they were blocked from working overtime hours they had routinely performed before the first pandemic lockdown, which became part of an implied contract by custom and practice. Flutter Entertainment maintains that overtime has always been voluntary and that reduced business levels post-lockdown made it unaffordable. Marie McKenna, a manager since 2004, stated she was initially told to return to her normal 48-hour week but was instead taken off overtime hours, with other staff filling in. She described the situation continuing from June 2020 until October 2021, during which time part-time staff were brought in to cover her hours at lower pay rates.
In a 2022 decision, a motor dealer, Colm Quinn Ltd, was ordered to pay an employee, Ara Azady, nearly €4,000 in compensation for unlawful wage deductions and for failing to provide a written employment contract. Azady, who worked full‑time from July 2020 to March 2021, earned €10.50 an hour for a 38‑hour week. He claimed that after an accident at the company's Drogheda garage on 8 October 2020, the repair cost was estimated at €1,595.83. From December 2020 to February 2021, the company docked €400 a month from his wages, and in March 2021 an additional €395.83 was deducted. Azady's solicitor argued the deductions were not agreed or communicated, violating Section 5 of the Terms of Employment Act, and were excessive, amounting to about a quarter of his net pay.
During a Workplace Relations Commission hearing, Pat Hand, CFO of Paddy Power's retail division, confirmed that the company's retail business had fallen by at least 25% since the pandemic and that it is unlikely to recover to pre‑pandemic levels. He explained that the company had ceased rostering overtime for retail staff because the business hours were reduced under government legislation, and that all colleagues were being paid for their contracted hours. Sandra Maher, a long‑time manager at a Paddy Power shop, claimed she was denied overtime after the first lockdown was lifted and that her rostered hours were cut, resulting in a loss of about eight hours a week for several months. Maher's legal representative argued that the cuts breached the Payment of Wages Act, while the bookmaker's representative maintained that overtime was voluntary and no deduction had been made. The adjudicating officer asked for additional documentation and closed the hearing.
In a decision by the Workplace Relations Commission, Independent Colleges Dublin was found to have operated an unlawful scheme of deducting 8% of lecturers' wages to fund annual leave. The commission awarded part‑time lecturer Sharon Roche Morrissey €10,000 and ordered the college to stop the deductions immediately. The college had claimed that the 8% deduction was to calculate holiday pay, but the adjudicator ruled that the deduction was an "eccentric device" and that the complainant's contracted hourly rate was €80, not the €74.07 that the college had been paying. The college had not obtained the lecturer's agreement to the deduction and had failed to explain the practice. The commission upheld the complaint under the Organisation of Working Time Act and required the college to cease the practice and pay the awarded sum.
The High Court has dismissed a barrister's bid to strike out a negligence action brought by broadcaster Gemma Ní Chionnaith. Ms Ní Chionnaith, who has worked for TG4 and Radio Na Gealtachta, sued Co Galway barrister John Fahy and the National Union of Journalists over their handling of an unsuccessful unfair dismissal claim she brought against RTE. The parties deny all allegations. Ruling on a pretrial motion seeking to strike out the claim on grounds of delay, Ms Justice Siobhan Phelan stated there was no proper basis to dismiss the proceedings at this stage. The broadcaster's damages claim stems from advice allegedly received regarding a 2010 Unfair Dismissals action arising from her time with Radio Na Gealtachta. She claims Mr Fahy advised her she had acquired the right to a contract of indefinite duration but failed to advise her to secure that right under the 2003 Protection of Employees Act. Consequently, she launched an unfair dismissal claim in June 2010, which was rejected by a Rights Commissioner in 2011 as out of time. A subsequent application for an extension of time was refused in January 2012. Ms Ní Chionnaith alleges negligence by both defendants. In her judgment, Ms Justice Phelan acknowledged inordinate delay but ruled that the balance of justice favoured the case proceeding to a full hearing, noting the action was not particularly witness-dependent. The court awarded Ms Ní Chionnaith her costs of the motion.
In April 2022 the High Court heard a proposal for Premier Periclase Ltd, a world‑leading magnesium products manufacturer, to switch from natural gas to renewable energy. The switch would require 18 months of work and would make most of the company's 94 employees redundant, though the court noted that after completion the firm might employ more people. Premier Periclase, which had been granted court protection in December 2021, owes €2.5 million to Bord Gais and €900,000 to electricity supplier Energia. Mr Neil Hughes, appointed examiner, was granted additional time to formulate a scheme that could save the business. The court also heard that a potential investor had withdrawn, but other investors remained interested in a renewable‑energy plan. The matter will return to the court later this month.
In a Dublin Circuit Criminal Court hearing, Liam Dowds, aged 40, pleaded guilty to stealing razors, lamb and champagne from a Tesco supermarket, assaulting a customer, David Cunningham, and causing criminal damage at Finglas Garda Station. Dowds bit off Cunningham's ear while attempting to stop the theft, swallowed the ear, and claimed he had HIV. He also left a bottle of methadone in his bag and admitted to drug addiction. The court heard Dowds had a history of mental health issues and drug addiction, and that he had previously been arrested for similar offences. Cunningham reported feeling self-conscious and unsafe after the attack. Dowds expressed remorse and wished to apologise. The judge noted psychosis and vindictiveness in the case and adjourned sentencing to July 8.
In a complaint lodged under Section 77 of the Employment Equality Act, Glen Weir, a British Protestant worker at Anord Mardix (Ireland) Ltd in Dundalk, alleged sectarian harassment after two female colleagues repeatedly played anti‑British songs, including one with the lyric "go home you British bastards," and a colleague shouted "up the RA." Weir claimed the music made him uncomfortable and that the comment was threatening, leading him to leave work and feel intimidated. The employer denied the claim, stating Weir had an "agenda" and had not accepted the outcome of an internal appeals process. Anord Mardix's solicitor reported that Weir had failed to attend work on 3 July, requested a meeting, and later invoked the grievance procedure after a mediation meeting on 15 July. The company implemented a new policy prohibiting personal music on the assembly line.
In a High Court hearing on 7 April 2022, Mr Justice Denis McDonald expressed disappointment that a further hearing was required to resolve outstanding issues between publicans and FBD Insurance over the quantum of losses to be paid for business disruption caused by Covid‑19. The judge noted that while some progress had been made, certain matters could not be agreed upon, and that the State might need to be included because one issue concerned government subsidies paid during lockdown. He had previously ruled that FBD's policy covered losses incurred by pubs that had to close due to the pandemic, a decision that affects claims by about 1,000 Irish pubs and restaurants. The judge adjourned the case to May, hoping to determine whether it could be heard before the August recess, and urged the parties to cooperate and provide precise details of the unresolved issues.
The family of a two‑year‑old boy with developmental delay and suspected autism has brought a High Court challenge against the HSE's refusal to allow him to access health services outside his designated functional area. The boy is non‑verbal, has poor social skills, and struggles with walking and holding objects. He requires psychological, occupational, speech and language, and physiotherapy as soon as possible. The family was informed in December 2021 that services would not begin until January 2023, a delay they say could have permanent adverse effects. Under the 2021 Disability Regulations, the family applied for services outside the boy's area, arguing that waiting lists elsewhere might be shorter, but the HSE rejected the application in March, citing a lack of exceptional circumstances.
An unauthorised bypass of a safety mechanism at a Johnson & Johnson contact lens factory in Limerick could have caused an explosion if it had not been discovered during a night shift. The Workplace Relations Commission was informed that 16 workers, across two shifts, were sanctioned after no one admitted responsibility. The issue was raised by technician Michael Meade, who filed a complaint under the Equal Status Act alleging discrimination. Meade, who worked the day shift, was one of the sanctioned workers and lost a €190 bonus and received a note on his file. He contested the sanction, claiming he was not present when the incident occurred. The company argued that the modification could have been made at any time and that all 16 workers were potentially responsible. The hearing was adjourned for further submissions.
In a remote adjudication hearing at the Workplace Relations Commission, Davy Stockbrokers settled a claim lodged by long‑serving broker Madeleine Larchet. The complaint, made against J&E Davy Ltd trading as Davy Stockbrokers, was heard by adjudicating officer Jim Dolan, who noted that the parties had reached an agreement. Cliona Kimber SC represented Ms Larchet, while Mairead McKenna BL represented Davy. Dolan thanked the parties for attending and announced the matter would be adjourned for six weeks before being struck off.
Former Taxing Master James Flynn and his firm, JT Flynn and Co Solicitors, have launched High Court judicial review proceedings against the Garda Commissioner, the DPP, and a District Court judge. The applicants seek to quash a warrant that authorised the search and seizure of confidential documents, files, and Mr Flynn's mobile phone from their Dublin City Centre offices. The search relates to a Garda investigation into alleged money laundering, which the applicants claim is a "spurious investigation" linked to a dispute over the exchange of damaged banknotes valued at €4,400. Mr Flynn was arrested and held for questioning for two days. The applicants allege the warrant was unlawful, breached privacy and property rights, and ignored less intrusive methods. They seek the return of seized items, disclosure of information used to obtain the warrant, and a decision by the DPP on whether a criminal offence occurred. The Law Society, Central Bank of Ireland, and European Central Bank are notice parties. The matter was briefly mentioned before Mr Justice Charles Meenan on Monday. Counsel sought an urgent hearing, but the judge did not accept the matter was sufficiently urgent given the raid occurred over a month ago. Consequently, the case was adjourned to a date later this month, after Easter.
The High Court has approved a Personal Insolvency Arrangement enabling a 59-year-old building foreman from Blacklion, County Cavan, to write off approximately €19 million in debt. Mr Justice Mark Sanfey granted approval to the arrangement on Monday, following an application by the man's Personal Insolvency Practitioner. Under the terms of the PIA, creditors including Bank of Ireland, AIB, the Revenue Commissioners, Start Mortgages and Everyday Finance will receive a lump sum of €10,000 over three months. The man's principal private residence and a BMW X5 vehicle used for work will be retained, with the mortgage to be restructured. AIB initially objected to the arrangement but subsequently withdrew its opposition. The practitioner stated that approval represented a better outcome for creditors than bankruptcy proceedings and would permit the debtor to resolve his indebtedness.
A claim of unfair dismissal brought by solicitor Ammi Burke against law firm Arthur Cox has been dismissed by the Workplace Relations Commission following a hearing at which repeated interruptions prevented the proceedings from advancing. Ms Burke, of Castlebar, County Mayo, pursued the claim after her dismissal from the banking and finance division, where she worked as a junior associate. Arthur Cox denies wrongdoing, contending that a breakdown occurred in Ms Burke's professional relationships with three senior partners. During the hearing, Ms Burke sought to have additional witnesses summoned, including a partner and the firm's HR director, and requested disclosure of correspondence. The adjudicating officer, Kevin Baneham, declined these applications. The hearing was suspended multiple times as Ms Burke's mother, present in support, repeatedly interjected despite warnings. After six suspensions and an impasse preventing the respondent from presenting its evidence, Mr Baneham terminated the hearing and dismissed the complaint.
At the Central Criminal Court, Gavin Murphy, aged 30, pleaded guilty to the murder of his girlfriend, Jennie Poole, 24, who was stabbed to death in her Dublin apartment on 17 April last year. Poole was taken to Connolly Hospital where she died shortly after. Murphy, wearing all black, answered only "guilty" when the registrar read the charge. Mr Justice Paul McDermott adjourned sentencing to 29 April to allow time for victim impact statements, and a November trial date was vacated.
A Workplace Relations Commission hearing into a solicitor's unfair dismissal claim against Arthur Cox has heard competing accounts of an office incident in January 2019. Ammi Burke, from Castlebar, Co Mayo, claims she was unfairly dismissed in November 2019 after three and a half years with the firm. Arthur Cox disputes this, with a senior partner describing Ms Burke as having a "victim mentality" and lacking understanding of office behaviour. The dispute centres on Ms Burke's reaction to a lunch invitation from a senior partner returning from sabbatical. Ms Burke contends she received positive appraisals and was never previously cautioned about her conduct. Arthur Cox states relationships with three senior partners became untenable, leading to termination with three months' pay and a €70,000 ex-gratia payment, which the firm says Ms Burke accepted. Ms Burke argues reputational damage was significant and seeks reinstatement. The hearing before Kevin Baneham continues.
Pharma firm Randox Laboratories was ordered by the Workplace Relations Commission to pay €25,000 to research scientist Paul Dunne after he was unfairly dismissed. Dunne, who had worked on immunoassay development for five years, claimed he was dismissed for using a 0.7mg antibody conjugate instead of the 0.5mg version instructed by his line manager, Danielle Vance. He argued the experiment was still in the pre‑verification stage and that he had recorded the test as not for verification. The commission found that while Dunne had not complied with the instruction, the dismissal was procedurally unfair, citing a flawed investigation and lack of opportunity for Dunne to explain his actions. The adjudicator reduced the compensation by 50% and ordered Randox to pay €25,000. The decision upheld Dunne's claim of unfair dismissal.
My Tax Back Limited, an Irish tax preparation company, has launched High Court proceedings against Google Ireland Limited over the suspension of its Google Ads account. The applicant alleges that Google unlawfully suspended its advertising on March 11, 2022, citing breaches of terms of service, while the company disputes these assertions and claims its services fall under an exemption. My Tax Back estimates it is losing €9,500 daily and argues it is unlikely to survive if the dispute lasts more than six months. Represented by Arthur Cunningham BL, the company seeks an injunction to allow it to advertise pending a full hearing, declarations that the suspension was unlawful and its services are not restricted, enforcement of its advertising agreement, and damages for alleged breach of contract. The matter was heard by Mr Justice Senan Allen on an ex parte basis. The judge granted the applicant permission to serve short notice of the injunction proceedings on Google. The case was adjourned and will return before the Court next week.
A fresh High Court challenge has been brought against a pay and conditions order for electrical workers by Náisiúnta Leictreach Contraitheor Eireann/National Electrical Contractors of Ireland (NECI). NECI seeks to have the Sectoral Employment Order (SEO), which came into effect in February 2023, quashed. The SEO was made under the 2015 Industrial Relations Act following a Labour Court recommendation to the Minister for Enterprise, Trade and Employment. NECI claims the Labour Court did not adequately consider its submissions, failed to explain why small electrical contractors were included in the SEO, and did not provide sufficient reasoning for many of its findings. It further alleges the Labour Court's decision was irrational and unreasonable, and that the SEO imposes unachievable employment conditions, including pension, sick pay, and death in service schemes not available in Ireland. The SEO also contains vague requirements that are not clearly defined. Represented by Helen Callanan SC, NECI has brought judicial review proceedings against Minister Leo Varadkar. The application was heard by Mr Justice Charles Meenan, who granted permission for the challenge and adjourned the matter to a date in May. This follows a previous challenge to an earlier SEO, which was overturned by the Supreme Court in 2022.
A solicitor from Castlebar, County Mayo, has sought the recusal of an adjudicator appointed to hear her unfair dismissal complaint against Arthur Cox Solicitors in Dublin. The woman alleged the adjudicating officer shared political affiliations and professional connections with the opposing barrister, specifically referencing shared involvement with the Free Legal Advice Centre and Labour Party membership. The adjudicator denied having maintained contact with the barrister and stated he resigned from the Labour Party upon becoming a civil servant. Leading counsel for Arthur Cox characterised the submissions as groundless and the questioning as abusive. At the preliminary hearing before the Workplace Relations Commission, the adjudicator reserved his decision on the recusal application and indicated he would deliver his ruling by email. The substantive hearing of the unfair dismissal case is scheduled to commence the following week at Lansdowne House, Dublin.
The Workplace Relations Commission has ordered Huawen Foundation Ltd to pay former employee Dauquan Zhang €12,400 in unpaid wages. In a decision published this morning, adjudicating officer Hugh Lonsdale upheld Mr Zhang's complaint under the Payment of Wages Act, finding that the company failed to pay his salary for the period from 1 November 2020 to 28 February 2021. Mr Zhang, who served as director of international investment with a salary of €37,500, alleged that while he received no bank transfers during this four-month period, the company submitted payslips to the Revenue Commissioners, leaving him liable for income tax on funds he never received. He stated he was now in debt to Revenue for over €1,600. Huawen Foundation Ltd did not appear for the remote adjudication hearing on 24 February, nor did it engage with the Commission. The adjudicator noted the respondent was on notice of the hearing and concluded the complaint was well-founded based on the evidence provided by Mr Zhang, including bank statements and downloaded payslips. Huawen Foundation promotes Irish property investments under the government's cash-for-visas scheme and 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 Carrickmacross, Co Monaghan.
Davy Stockbrokers was ordered to pay an administrative worker €20,000 after the Workplace Relations Commission found the firm discriminated against her following her epilepsy diagnosis. The employee, Gemma Kiernan, had been told to resign within ten days of her diagnosis, rather than being allowed to complete a personal improvement plan. The commission noted that the HR manager's ultimatum was likely linked to her disability and that the performance improvement plan was altered after her diagnosis. The adjudicator found that the firm had not provided reasonable accommodation and that the resignation offer constituted a detriment. Consequently, Davy was required to compensate Kiernan for the direct discrimination she suffered, including the impact of her employment ending during lockdown. The award was intended to deter similar conduct.
A man from County Roscommon has received a fully suspended sentence following his conviction for possessing cocaine worth over €34,000. Conor Costello was stopped by gardaí on November 22nd, 2018, as he drove from an estate in Tallaght, west Dublin. A search of his vehicle revealed a bag containing white powder in the passenger footwell, later confirmed as cocaine with an estimated street value of €34,104. Costello pleaded guilty to possession of drugs for sale or supply at Dublin Circuit Criminal Court. He told gardaí he had accumulated a drug debt in Athlone and agreed to collect and transport the package in exchange for €300 credit against that debt. Judge Greally imposed a two-and-a-half-year sentence, fully suspended, taking into account his youth, lack of previous convictions, early guilty plea, and difficult personal circumstances at the time. The court noted Costello is now training as an apprentice electrician and has been assessed by the Probation Service as presenting a low risk of reoffending.
Arderin Distillery Ltd, based in Tullamore, has brought a judicial review to the High Court claiming it was treated unfairly by Revenue when the company sought tax relief on alcohol used to produce hand sanitiser for hospitals during the Covid‑19 pandemic. The distillery argues that it purchased 50,000 litres of ethanol in March 2020, after receiving assurances from a Revenue official that it would not have to pay Alcohol Products Tax (APT). It asserts that it complied with all required forms and that Revenue had previously granted relief for up to 80,000 litres. Revenue denies ever approving the relief, stating it never made a decision to grant or refuse the company's request and that the company's claim is unsupported. The case is pending a decision from Justice Siobhan Phelan, who has reserved judgment following submissions from both parties. The distillery seeks orders to quash Revenue's alleged refusal, prevent an APT assessment, and declare the relief unreasonable.
The Workplace Relations Commission has rejected a discrimination complaint under the Equal Status Act brought by a garda against a hotel. The adjudicating officer ruled the complaint was made out of time, as it was filed beyond the statutory two-month deadline following an alleged incident in February 2020. The complainant claimed a 16-year-old work experience student and a waitress treated his family differently because he was a foreign national, alleging they were asked to leave breakfast early while other guests were welcomed. The hotel argued the staff were preparing for major events and that the student's behavior, described by the complainant as a "smirk," did not constitute prohibited conduct. The adjudicator found the complainant failed to establish a prima facie case of discrimination, noting there was no evidence that other guests were treated differently based on nationality. The decision was anonymised to protect the identity of the minor student. The adjudicator also noted that a medical certificate provided by the complainant did not justify an extension to the filing timeline. Consequently, the complaint was dismissed on procedural grounds, and the adjudicator explicitly found that the respondent did not engage in prohibited conduct.
An environmental group has successfully resolved a High Court challenge to a County Roscommon flood relief scheme. Friends of the Irish Environment (FIE) brought judicial review proceedings against Roscommon County Council and the State, contesting the council's October 2021 decision to approve an emergency scheme involving a three-kilometre pipeline to transfer water from Lough Funshinagh to Lough Ree. FIE argued the project breached EU environmental law and lacked necessary environmental assessments. On Wednesday before Mr Justice Garrett Simons, the council consented to orders quashing its original approval decision. The court heard that constructed pipeline sections and associated infrastructure cannot be used without High Court permission, and remedial works on affected lands must proceed as agreed. The council has undertaken to pay FIE's legal costs. The judge noted there were significant difficulties with the council's decision and commended both legal teams for resolving the matter. No order on costs was made regarding the State respondents.
In a High Court decision on 22 March 2022, Mr Justice Charles Meenan granted a judgement of just over €7 million to the financial fund Promontoria (Arrow Limited) against Thomas Dowling, who now lives in the UK. Promontoria claimed that Dowling's liability stemmed from a failure by Danum Development Limited to repay a €4.69 million loan taken in 2006 to buy 8.5 acres of land at the Whitehall Estate, Daingean Road, Tullamore, where 55 houses were planned. The loan was originally borrowed from Anglo Irish Bank, transferred to NAMA after Anglo's collapse, and later acquired by Promontoria in 2015. Dowling and three other parties had given personal guarantees for the borrowing. Promontoria demanded repayment in April 2016, which Danum did not pay, and in 2018 demanded repayment from Dowling and the other guarantors. Dowling, described as an experienced Irish businessman, failed to repay the amount now due, which Promontoria says is approximately €7 million.
In a High Court ruling on 21 March 2022, the court ordered An Garda Síochána to provide investigative materials to a Dublin woman who is suing Conor McGregor and an associate for personal injuries arising from a December 2018 incident. The order, made by Ms Justice Emily Egan, requires the Garda to disclose statements given to them by the defendants and witnesses, CCTV stills and photographs from various Dublin locations between 8 December 2018 and 10 December 2018, and data from mobile phones obtained during the investigation. The data must be limited to that generated between 31 October 2018 and 10 December 2018, with further restrictions on material relating to the plaintiff and defendants. The Garda must also disclose results of medical toxicology, technical, or forensic analysis. The discovery must be completed within ten weeks, and the defendants' lawyers will receive copies of the material disclosed to the plaintiff.
An Irish charity CEO's identity was anonymised after the Workplace Relations Commission rejected a claim that he made anti‑Semitic remarks. The claim, lodged by an unnamed female employee, alleged that the CEO said he had been "bumped off the panel of a radio show" because the producers "wanted a Jew". The employee also claimed a degrading work environment and victimisation following a discrimination complaint. She reported anti‑Semitic comments in April 2019, took sick leave, and filed a formal complaint in July 2019. An internal investigation by a barrister in November 2020 rejected her complaint, citing insufficient knowledge of anti‑Semitism and failure to apply an objective standard. The CEO testified he never made the remark. The Commission ruled the employee's case was speculative, found no evidence of victimisation, and upheld the investigation's findings. The employee's appeal to the charity director was dismissed.
An 18‑year‑old Spanish au pair who worked for a Dublin couple claimed that the host father made sexual advances and touched her without consent while his wife was away. She said the father placed his hands on her armpits and tickled her, then rubbed her legs, and that she repeatedly told him to stop. The couple denied the allegations, saying they had recruited her through a Facebook group and that the arrangement was a cultural exchange. They claimed she had not performed her duties well and that she had been dismissed for performance reasons. The Workplace Relations Commission found the evidence of harassment compelling and ordered the couple to pay the au pair €9,100 in compensation for sexual harassment and discrimination. The au pair also sought unpaid wages, but the claim was rejected. The case was decided by adjudicating officer Jim Dolan.
The High Court has adjourned a judicial review challenge to Tipperary County Council's decision to grant planning permission for the Carrick-On-Suir Regeneration Plan. The matter was heard by Mr Justice Charles Meenan, who noted the application's complexity and indicated it would require at least half a day for consideration. The case was brought by the Sean Treacy Park Resident's Association, represented by John Kenny BL, against the Council, Ireland, and the Attorney General. The applicants allege that the proposed development, which includes street alterations, new parking, and demolition, will cause unreasonable interference with amenities at Sean Treacy Park, the local environment, and the River Suir. They further claim the plan materially affects protected structures, including Ormonde Castle. The group contends the Council's decision is invalid because the Environmental Impact Assessment relied on inadequate information and that the process breached the EU Strategic Environmental Assessment directive by extending the 2013 Development Plan without a new assessment. Additional grounds include a lack of adequate notice regarding the permission-granting meeting and failure to provide statutory notice for works on protected structures. The applicants seek to quash the permission, obtain declarations regarding the Planning and Development Act's compliance with EU directives, and secure a stay on the proposed works. Mr Justice Meenan adjourned the proceedings to a date in December.
In March 2022, the Workplace Relations Commission ordered Gecko Governance to pay nearly €8,000 to former chief technical officer Mark McHugh, who claimed his redundancy was a sham. McHugh had joined the start‑up in 2017 as chief technical officer of a reg‑tech software package for hedge funds. He said the company shifted focus to blockchain and crypto‑currency, a move he described as "extremely volatile and legally unsound." He alleged that management sidelined him, ignored his requests for staff, and ultimately dismissed him under a redundancy procedure after a major client cancelled its contract. McHugh's solicitor argued the redundancy was a cover for dismissal over interpersonal issues and that procedures were flawed. The adjudicating officer found the redundancy was procedurally and substantively unfair, noting the hiring of a new chief technical officer proved the role was not redundant.
In a High Court challenge, Dr Johnny Ryan, a senior fellow of the Irish Council for Civil Liberties, alleges that the Data Protection Commission (DPC) failed to fully investigate his 2018 complaint about Google and IAB Europe's use of Real Time Bidding (RTB) for targeted advertising. Ryan claims the DPC's delay breaches the 2018 Data Protection Act and GDPR, citing unauthorized and potentially unlimited disclosure of personal data. He argues that the companies have not demonstrated lawful and fair processing or minimisation of data. The DPC opened an inquiry into RTB in May 2019, but Ryan contends the investigation was incomplete. He seeks a declaration that the DPC failed to conduct a diligent investigation within a reasonable time, an order to continue the investigation without delay, and referral to the European Union Court of Justice. The case was adjourned to May after Mr Justice Charles Meenan granted Ryan permission to proceed.
In a High Court judgment, Ms Justice Siobhan Phelan held that the Health Service Executive's (HSE) Standard Operating Procedure (SOP) for assessing children with suspected educational and health problems fails to comply with the 2005 Disability Act. The judge considered two judicial review cases brought by minors whose assessments, carried out under the SOP in 2021, were challenged as not meeting statutory time limits and lacking proper diagnosis. The SOP, introduced in January 2020, provides a preliminary, triage‑type assessment of 60 to 90 minutes, omitting a full diagnosis. Justice Phelan found that this approach does not satisfy the Act's requirement for a comprehensive assessment, thereby breaching the children's rights to a timely, detailed evaluation and to a report of services. She also noted that the HSE's use of the SOP effectively altered the statutory requirements, undermining the state's duty to identify and meet children's needs. The applicants were entitled to costs.