By Mark Tottenham BL in Ireland High Court, Kearns P No Comments Tags: Employment Law
University College Cork v. Bushin [2012] IEHC 76
(High Court, Kearns P, 17 February 2012)
High Court dismisses appeal from decision of Labour Court, and affirms decision that employee was entitled to ex gratia redundancy payment.
Employment law – appeal from decision of Labour Court – s. 15(6), Protection of Employees (Fixed-Term Work) Act 2003 – employee on fixed-term contract for three years – different ex gratia redundancy payment than permanent employee – finding More
By Mark Tottenham BL in Charleton J, Ireland High Court No Comments Tags: Employment Law, Personal injuries
Quinn v. Bradbury [2012] IEHC 106
(High Court, Charleton J, 18 April 2012)
High Court awards professional horseman €126,410 for injuries sustained in course of employment, after 30% reduction for contributory negligence.
Personal injuries – professional horseman – workplace accident – fall from horse while jumping metal gate – instruction from employer to jump gate – duty of employer to take reasonable care for employee’s safety – s. 8, Safety, Health and Welfare at Work Act 2005 – what instruction was given – whether More
By Mark Tottenham BL in Coghlin LJ, Northern Ireland Court of Appeal No Comments Tags: Employment Law, Personal injuries
Hyndman v. Brown [2012] NICA 3
(Court of Appeal in Northern Ireland, Coghlin LJ (judgment of the court), 17 February 2012)
Northern Irish Court of Appeal dismisses appeal from High Court decision to dismiss workplace injuries action as against second named respondent, owner of machinery.
Personal injuries – injury in workplace – liability of second named respondent – appeal from NI High Court (Hart J) – award of STG£71,124.70 as against employer – dismissal of action as against owner of machinery – injuries sustained during More
By Mark Tottenham BL in Charleton J No Comments Tags: Employment Law, Personal injuries
Murphy v. Portroe Stevedores Ltd [2012] IEHC 48
(High Court, Charleton J, 15 March 2012)
High Court holds operator of container vessel, and not employer, responsible for injuries to stevedore after fall in hold.
Personal injuries – injury in workplace – fall in hold of container vessel – claim between defendants for indemnity or contribution – plaintiff employed by stevedoring firm – claim by employer against operator of vessel – condition of More
By Mark Tottenham BL in Peart J No Comments Tags: Employment Law, Personal injuries
Donnelly v. LPB Building Services Ltd [2012] IEHC 17
(High Court, Peart J, 20 January 2012)
High Court dismisses claim for personal injuries sustained by plaintiff working in own garden, as he was not in the employment of the defendant at the material time. (Full text.)
Personal injuries – alleged workplace injury – injury to eye while cutting wire – no goggles – lack of training – lack of supervision – whether plaintiff in employ of defendants – renovation work to local authority houses, including plaintiff’s own More
By Mark Tottenham BL in Cross J No Comments Tags: Assessment of damages, Employment Law, Personal injuries
Kelly v. Bon Secours Health Systems Ltd [2012] IEHC 21
(High Court, Cross J, 26 January 2012)
High Court awards former employee €30,000 damages for injury to back and €60,000 compensation for stress and depression arising from bullying, harrassment and discrimination. (Full text.)
Personal injuries – employment – injuries to back sustained when carrying files – alleged harassment and bullying – lay litigant – failure to train in handling of weights – negligence – duty of care not to permit bullying – belief of plaintiff More
By Mark Tottenham BL in Hedigan J No Comments Tags: Contract law, Employment Law
Lichters v. Depfa Bank PLC [2012] IEHC 10
(High Court, Hedigan J, 18 January 2012)
High Court dismisses claim by former employees for judgment arising from cash bonus incentive scheme. (Full text.)
Employment – contract – claims for cash bonus – cash bonus plan in place “to incentivise performance” – discretion on employer as to who was to receive bonus – separate deferred stock plan – deferred cash scheme – requirement that More
By Mark Tottenham BL in Denham CJ No Comments Tags: Employment Law, Negligence, Personal injuries
Coffey v. Kavanagh [2012] IESC 19
(Supreme Court, Denham CJ (nem diss), 7 March 2012)
Supreme Court finds on appeal from High Court that employee was 25% responsible for own injury in workplace, and reduces award from €54,900 to €44,175. (Full text.)
Personal injuries – accident in workplace – trip and fall causing fracture of wrist – whether plaintiff responsible for own injury – cluttered work area – failure to provide safe place of work – repeated complaints by staff that area not More
By Mark Tottenham BL in Clarke J (Frank) 2 Comments Tags: Banking law, Employment Law, Injunction, Private international law
AIB v. Diamond [2011] IEHC 505 (High Court, Clarke J, 14 October 2011)
High Court grants interlocutory injunctions restraining former employees of the plaintiffs from: a) soliciting customers of the plaintiffs; b) concluding business with said customers; or c) using confidential information in respect of said customers. (Full text.)
Banking – Commercial Court – application for interlocutory orders to restrain defendants from soliciting customers of the plaintiffs – preservation of confidential materials – “springboard injunctions” – measures designed to More
By Mark Tottenham BL in Gilligan J No Comments Tags: Employment Law, Social welfare
Brightwater Selection (Ireland) Ltd v. Minister for Social and Family Affairs [2011] IEHC 510
(High Court, Gilligan J, 27 July 2011)
High Court, on appeal from Social Welfare Appeals Officer, holds that officer failed to give proper consideration to mutuality of obligation in assessing contract of service, and remits matter for reconsideration. (Full text.)
Employment – PRSI – appeal on point of law from Social Welfare Appeals officer – whether contract of service or contract for services – agency worker – employment as accountant with university through agency – s 9, Social Welfare More