Bullying Complaints and Safe Places of Work

In the case of McCarthy v ISS Ireland Limited (Trading as ISS Facility Services) & Anor [2018] IECA 287 the plaintiff had been employed by the first named defendant, working at the hospital of the 2nd named defendant the HSE, and claimed that between May 2009 and February 2011 there …

Continue reading

Is my Medical Negligence Claim Statute-Barred?

In the normal course a Civil Claim for compensation arising because of negligent Medical Treatment must be issued within 2 years; but what if the patient did not know at the time of the treatment that it was that treatment was negligent and it caused his subsequent symptoms? What if …

Continue reading

Constructive Dismissal Claims and Formal Grievances

Because a number of events occur at work which the employee believes have occurred to cause her detriment the employee, out of sheer frustration, resigns her position but claims that she had no alternative to do so: for the sake of her health and sanity. She claims Constructive Dismissal, stating …

Continue reading

Construction Registered Employment Agreements are back!

While now called Sectoral Employment Orders (SEO`s), the National Agreements previously binding the Construction Employers and their workers, until the Supreme Court “Camlin” Decision in May 2013, are back. The relevant Order signed by Minister Pat Breen, named the Sectoral Employment Order (Construction Sector) 2017 (the “Order”), took effect from …

Continue reading

Repetitive Stress Injury Claim and previous health conditions

The case of Richard Steer v Allergan Pharmaceuticals Ireland [2017] IEHC 577 clearly demonstrates the depths to which a Court must go in assessing a Plaintiff`s medical history in Repetitive Stress Injury Claims to ensure that the defendant employer is not blamed for all of the Plaintiff`s symptoms.

Dishonest Personal Injury Claims get dismissed

A warning to those who make Dishonest Personal Injury Claims: If you are a claimant in a Personal Injuries Claim arising from an accident, whether it is a Road Traffic Accident, a Factory or Workplace Accident or otherwise, and you exaggerate your injuries to the Court you are likely to …

Continue reading

Employers Beware: Suspend at your peril

Where an employee appears to have committed a serious breach of conduct employers will often suspend first and ask questions later. The assumption appears to be that once it is emphasized to the suspended employee that this is not a finding of guilt but only a temporary removal during an …

Continue reading