ARTICLE
3 February 2016

Find Out Why The Irish Court Of Appeal Overturned One Of The Largest Bullying And Harassment Awards

M
Matheson

Contributor

Established in 1825 in Dublin, Ireland and with offices in Cork, London, New York, Palo Alto and San Francisco, more than 700 people work across Matheson’s six offices, including 96 partners and tax principals and over 470 legal and tax professionals. Matheson services the legal needs of internationally focused companies and financial institutions doing business in and from Ireland. Our clients include over half of the world’s 50 largest banks, 6 of the world’s 10 largest asset managers, 7 of the top 10 global technology brands and we have advised the majority of the Fortune 100.
In the latest episode of Matheson's Employment Law Podcast series, Bryan Dunne discusses a recent decision of the Irish Court of Appeal that overturned an earlier 2014 High Court decision...
Ireland Employment and HR

In the latest episode of Matheson's Employment Law Podcast series, Bryan Dunne discusses a recent decision of the Irish Court of Appeal that overturned an earlier 2014 High Court decision, which awarded a special needs assistant over a quarter of a million Euro. The issue before the Court of Appeal was whether the actions of the employer actually amounted to bullying and if they did, whether there was a sufficient causal link between the bullying and the psychiatric injury suffered. The decision is definitely a welcome outcome for employers in that it establishes a higher standard for plaintiffs to meet in bullying and harassment claims.

Since the recording the Court of Appeal has also dealt with the issue of an advance payment of €100,000 that was paid out to the plaintiff pending the appeal. Interestingly, the Court acknowledged that she had an obligation to repay the sum, but refused to grant an order requiring her to do so, even though the decision was overturned in the employer's favour. The employer may still apply back to the High Court for an order requiring the repayment.

Listen to the podcast to find out the key outcomes from the case and what this means for you as representatives of large employers in Ireland.

To listen to the podcast, please click here

You can download all of the episodes in the series from the Employment Law Podcast page. They are also available to download on iTunes and Soundcloud.

The Irish Employment Law Podcast Series is produced by Bryan Dunne, Head of Employment at Matheson. In the series he discusses the latest developments in employment law. The podcasts are a key resource in keeping up to date for HR practitioners, employment lawyers and international employers with employees in Ireland.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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