Employment Law Cases

Lufthansa retirement

Objective Justification required for compulsory Retirement Age

With much discussion in the media and among employers recently, the following case will be of interest to all who are considering retirement age in the workplace.   Compulsory retirement age of 65 – is it valid?   A pilot with Lufthansa CityLine had taken a case to 65 the Court of Justice of the…


Unfair Dismissal Award

Unfair Dismissal Award following the making of a Protected Disclosure

In this case, an installation engineer was dismissed by a communications provider shortly after he made a protected disclosure to the company’s managing director.     He began work with the company on July 27, 2015.     On January 7, 2016, he had refused to use equipment because he deemed it unsafe, therefore he…


Discrimination on grounds of age during recruitment process

Discrimination on grounds of age during recruitment process

The recent Tennis Ireland case before the WRC, reported in IRN, resulted in the WRC Adjudication Officer deciding that  Tennis Ireland had discriminated against the former director of development at the International Tennis Federation, on the ground of age, when it selected a less qualified candidate for the post of chief executive.   The claimant…


Loss of a contract “by itself” does not indicate transfer of undertaking

A rights commissioner has ruled that the transfer of a service contract by Tesco from Keelings to Stobart did not constitute a transfer under the Transfer of Undertakings Directive.   The Rights Commissioner agreed that the “mere loss of a service contract to a competitor cannot by itself indicate the existence of a transfer within…


Retirement Age

Retirement Age – Is it Legal? Changes in Irish Legislation and EU case law have created the need for employers to proceed with caution in respect of enforcing retirement age.   A recent change in Irish legislation and a ruling by the European Court of Justice has brought the subject of retirement age of employees…


Dismissal Due to Conflict of Interest Deemed Fair

The company at the centre of this dismissal case was engaged in the production of roof trusses for timber frame houses.   The company learned in mid 2005 that one of its employees was setting up his own business for the manufacture of roof trusses for brick built houses.   The company, his employer, was…


Conflict of Interest Leads to Fair Dismissal

Background to Complaint In this complaint for unfair dismissal to the EAT, the employer was engaged in the production of roof trusses for timber frame houses. The company learned in mid 2005 that one of its employees was setting up his own business for the manufacture of roof trusses for brick built houses. The employer…


Web Slurs Cost Pilot His Job

The consequences of employees writing anonymously on the web and making false accusations against their employer are clear from a story published in The Sunday Times on 2nd June 2013. The story states that a Ryanair pilot has resigned from his job and apologised to the airline for making false statements on the internet about…


Employee with Anorexia was Unfairly Dismissed

In this case, the Labour Court outlined the correct approach to be followed by employers when considering dismissing an employee for incapacity due to disability.   The claimant was employed by a Fitness Centre as a Childcare Assistant from October 2000 to June 2002 when she was dismissed.   She suffered throughout the period of…


Dismissal Deemed Unfair due to Non-Renewal of Fixed-Term Contract

Background to Complaint The Claimant (the employee) was hired as a homecare nursing advisor and was recruited through a nursing agency in 2002. The contract ran for one year and was renewed in October 2003 and also in October 2005.   The Claimant sent an email to the Respondent Company complaining that she had not…


Page 1 of 512345

Contact Us

  • This field is for validation purposes and should be left unchanged.

Keep Me Updated

Want to stay updated, receive our monthly newsletter or stay abreast of the latest developments?

Subscribe to our email newsletter

CLIENT TESTIMONIALS

“CollierBroderick Management Consultants Limited has conducted two research projects for Forfás / Expert Group on Future Skills Needs. – The…