Supreme Court Confirms When an Employee is Entitled to Legal Representation

Precedential Decision by Judiciary or Regulatory Agency

Author: Emmet Whelan, Partner - ByrneWallace

On November 11, 2019, the Supreme Court upheld last year's decision of the Court of Appeal in the case of Iarnród Éireann/Irish Rail v Barry McKelvey. The Supreme Court has confirmed that employees are not normally entitled to legal representation in disciplinary proceedings. Entitlement to legal representation will arise only in exceptional circumstances.

High Court Issues Judgment in Important Restrictive Covenants Case

Precedential Decision by Judiciary or Regulatory Agency

Author: Emmet Whelan, Partner - ByrneWallace

On December 23, 2019, the High Court dismissed a former employer’s attempt to prevent its departing chief operations officer (COO) from joining a rival company. The restrictive covenant stated that the COO would not join competitors for a year following termination of his employment. The High Court held that the clause was unenforceable, as it went beyond what the former employer had shown to be justified. The written judgment has not yet been released; we will provide a report as soon as it is.

High Court Clarifies an Employer’s Obligation in Respect of Sunday Pay

Precedential Decision by Judiciary or Regulatory Agency

Author: Emmet Whelan, Partner - ByrneWallace

Irish law provides that where an employee is required to work on a Sunday (and that fact has not otherwise been taken account in the determination of pay) the employee must be compensated by way of a Sunday premium payment, or paid time off in lieu. In a recent case, the High Court clarified that a statement in the contract that the rate of pay takes account of the requirement to work on Sundays was good evidence of compliance with Irish law on Sunday pay.