Statutory Rights Flashcards
(44 cards)
McDonnell v ESB
Claimant was held to be a part time worker - he worked 7 months full time and off for the remainder of the year - Labour Court ruled he was discriminated against him when he was not able to avail of the employee share ownership plan which required 12 months of continues service to avail of it
Diageo v Rooney
Claimant was not paid on sick leave while comparable full time employees were - he was treated less favourably as a part time worker
Boxmore Plastics v Roisin Curry
Overtime - she argued she should be entitled to it - employer said you need to work 40 hours just like the full time staff - employer was correct this was not unfavourable treatment
Abbot Ireland Ltd v SIPTU
failure to pay PT workers midnight premiums where FT workers got it - was found to be less favourable treatment
Department of Justice v Ennis
failure to pay PT workers travel allowances where FT received it - found to constitute to less favourable treatment
Department of Education & Science v Gallagher
Claimant was job sharing and received €500 for supervision/substitution duties - full time teacher recieved €1000 - found to be treated less favourably
Instituto Nazionale della Previdenza Social v Burno
Under the Act employees who work less then 0.2FTE can be treated less favourably with regard to pension - cabin crew were on reduced hours during certain periods - staff had to work longer to qualify equivalently for the pension - ECJ held that this rule was precluded by the directive
CUS v Dooley
Labour court ruled that teachers not paid by the department were comparable to those who were - appealed on a point of law to the high court, overruled as they are not a comparator
Hill & Stapleton’s v Revenue Commissioners
Financial cost does not constitute objective justification to justify paying PT employees a lower salary to FT
Irish Rail v Stead
claimant was on a Fixed-term contract - he was not entitled to companys pension or GP medical scheme or development opportunities - company had no objective grounds
Kenny v Cork coco
they abolished grade IV - created grade V red circled with new duties - they were treated in a less favourable manner with no objective justification
Blka-Kaufhaus NB
3 tier test to determine an objective ground 1) Real need of the employer 2) Appropriate to meet the measure it pursues 3) necessary to achieve that objective
St. Catherine College & Minister for Education v Maloney
permanent workers were given 6 weeks for every year of service - Fixed term workers were given 2 weeks for every year of service - employeer mistook its legal obligations and this was ruled unfair to fixed term workers
HSE North Eastern Area v Khan
where an employeer fails to provide a fixed term employee with a statement in writing, and these grounds are subsequently relied upon were not the operative grounds for the impugned decision and it would be for the employer to prove the countrary
HSE v Salaam
High court considered the LC decision in that case the specified purpose had not been stated before the second contract was entered into and the LC drew an interference that this reason was not in contemplation of the respondent at the material time
Board of Management of St. Joseph’s School for Deaf Boys v Grehan
the claimant was a teacher employed on a series of fixed term contracts - he claimed to be entitled to a CID - school said he had been employed to replace another named teacher - respondent did not supply the claimant with the written contract and did not supply him with a written statement setting out the objective grounds for justifying the renewal of the fixed term contract
NUIG v Morley
it was held that s13.1 did not take away from the general principle that an amployer is not obliged to renew a fixed term contract once it stays within the parameters of s.9 unless the reason for doing so is wholly or partially for the purpose of avoiding the fixed term contract becoming one of indefinate duration - court require evidence this is not the case
Northern Area Health Board v Hughes
the rights commissioner rejected the claimants contention that she was entitled to a contract of indefinite duration in the job she half at the time her contract became one of indefinite duration - she started in 1999, was assigned Temporary manager post pending the filing of that post through competition - she was to revert to permanent post of manager - she claimed as she was entitled to a permanent post on the date she was in the temporary post she was entitled to this position - - it was held that the respondent was entitled to deploy the claimant to the post she had been offered
Department of Foreign Affairs v A Group of Workers
LC rejected the argument that the renewal of the fixed term contracts was justified on objective grounds where the employer had argued it was necessary to deal with seasonal needs like the automated passport system and transfer of special work
An Post v McNeill
Layoff is not merely one of temporal limitation
Russell v Mount Temple Comprehensive School
claimant was employed on successive fixed term contracts from sept 02 to august 07 while someone was on career break - they applied for the permanent role and was unsuccessful - he claimed he was entitled to the post - LC ruled on the objective ground that when a role becomes redundant after the renewal this does not mean an employer is obliged to give a CID
Ghulam v HSE
Claimant was on successive fixed term contracts from 1/11/01 to 26/03/06 - a permanent consultant had been appointed and claimant had argued he was entitled to that post - he succeeded in the claim €25,000
Teagasc v SIPTU
LC refused to accept that a moratorium on recruitment constituted objective justification for the renewal of a fixed term contract and the claimant was successful in getting a CID
Iarnrod Eireann v Higgins
claimants fixed term contract was justified since he had been engaged on capital projects which were limited in time and externally funded which funding was outside the control of the employer
