Ninth Level Ireland

Irish universities and ITs have considerable involvement in litigation. Here is a list of selected case reports available on the net. The list concentrates on distinctively academic issues.

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IT Tralee v. Cunningham (8 May 2013, Labour Court) – Assistant Lecturer – succession of fixed-term contracts – alleged discrimination and lack of objective grounds for renewal of fixed-term contracts – failure to provide a CID

University College Cork v. A worker (11 April 2013, Labour Court) – Full-time departmental operative – maternity leave – request to return to full-time work, but request not resolved for several months – eventual return to work – whether compensation payable – Croke Park Agreement para 1.5

Lynch v. Centre for Deaf Studies, Trinity College Dublin (9 April 2013, Equality Tribunal) – Part-time teacher/lecturer – profound deafness – contract issued only in English and not in Irish Sign Language – restructuring within the Centre – discrimination – reasonable accommodation

Dublin IT v. Ngongban (4 March 2013, Labour Court) – Student – fees – Complainant was born in Cameroon and then granted Irish Citizenship – whether a non-EU national for fees purposes – jurisdiction – discrimination on the ground of race

Kelly v. University College Dublin (29 January 2013, High Court) – Applicant for Masters Programme – refusal of place – subsequent litigation with allegation of discrimination on grounds of gender – vexatious litigation – restraining order

Institute of Art Design and Technology v. Herrera (25 January 2013, Labour Court) – Fixed-term contract – redundancy – level of redundancy payment – level as determined by Croke Park agreement – discrimination when compared to permanent employees

Cork IT v. An Bord Pleanála (15 January 2013, High Court) – Planning law – status of “voluntary organisation” – whether an IT is such an organisation – whether charitable

A Student v. A Third Level College (28 December 2012, Equality Tribunal) – Student – dyslexia – initially allowed to use MS Word processing package, but this was later withdrawn in favour of Notepad, which has no grammar or spelling checker – discrimination in grounds of disability – reasonable accommodation

Trinity College Dublin v. A Group of Workers (21 December 2012, Labour Court) – Alleged breach of Croke Park Agreement – Failure to follow dispute resolution procedures in that Agreement – Whether Labour Court should address substantive issues in the case

St Patrick’s College v. IFUT (19 December 2012, Labour Court) – Tutor – upgrading of responsibilities to Assistant Lecturer level – no governmental agreement to this upgrading and hence breach of Croke Park agreement – whether entitled to pay at Assistant Lecturer rate

Awojuola v. Dublin IT (12 December 2012, Equality Tribunal) – Nigerian student – granted permission to remain in Ireland on the basis of her parentage of an Irish born child – vocational training – appropriate level of fees – discrimination on grounds of race, colour, national and ethnic origins

Mary Immaculate College v. Griffin (7 December 2012, Labour Court) – Post of Director of Education Centre – Redundancy – discrimination – appropriate level of redundancy payment

A Complainant v. A Third Level Institution (27 November 2012, Equality Tribunal) – Employee – Mental illness – discrimination on the grounds of gender, family status and disability – harassment (and see summary on Wendy Doyle’s blog)

Dublin IT v. Gainza (12 November 2012, Labour Court) – Succession of fixed-term appointments as Senior Researcher – external funding for research – whether objective grounds for renewal of fixed-term contracts – entitlement to CID

Dublin IT v. Barry (12 November 2012, Labour Court) – Succession of fixed-term appointments as Senior Researcher – external funding for research – whether objective grounds for renewal of fixed-term contracts – entitlement to CID

Dundalk IT v. Dalikeni (5 November 2012, Labour Court) – Lecturer – discrimination on grounds of race – delay – whether claim out of time

A Complainant v. A Respondent (9 October 2012, Equality Tribunal) – Complainant listed as grind by Student Union – de-listed by the respondent, acting as agent of the Union – racial discrimination – whether complaint was against respondent acting on her own behalf – complaint rejected as misconceived

University College Cork v. SIPTU (9 October 2012, Labour Court) – Non filling of Stores Supplies Officer Post – breach of undertaking to fill the post – university committed to filling the post but precluded from doing so by the provisions of the Employment Control Framework

Dublin IT v. Quinn (2 October 2012, Labour Court) – Part-time Lecturer – discrimination – terms and conditions less favourable than those of comparable full time employees – appropriate comparators

Dundalk IT v. Stafford (10 September 2012, Labour Court) – Appointment to Assistant Lectureship – relevance of qualifications and experience – position on salary scale

Davydchak v. University of Limerick (15 August 2012, Equality Tribunal) – Application for Graduate Entry to Medicine – Ukrainian national – Comparability of qualifications – Discrimination on grounds of Race

A Student v. A Third Level Institution (7 August 2012, Equality Tribunal) – Student – visual disability and mental health issues – discrimination – reasonable accommodation

Davydchak v. CAO (16 July 2012, Equality Tribunal) – Application for Graduate Entry to Medicine – Ukrainian national – Comparability of qualifications – Discrimination on grounds of Race

Dupont v. St. Patrick’s College Drumcondra (7 July 2012, Employment Appeal Tribunal) – Lecturer – Fixed-term contract – Redundancy – objective grounds (and see commentary by Wendy Doyle)

Okobi v. University College Dublin (20 June 2012, Equality Tribunal) – Student – Nigerian national with leave to remain in Ireland – level of fees payable – harassment and discrimination on grounds of national origin

Kelly v. National University of Ireland (9 May 2012, High Court) – Failure to offer place on course – Discrimination – Reference to ECJ – Wunder order

Trinity College Dublin v. IFUT (30 April 2012, Labour Court) – Researchers – Redundancy on termination of funding for their work – Public Service Agreement – enforcability of Croke Park guarantees

McCarthy and others v. Minister for Education and Skills (25 April 2012, High Court) – Student support grant – change in criteria for assessment – legitimate expectation

Kelly v. National University of Ireland (30 March 2012, High Court) – Employment dispute – press reporting – contempt of court

McGinty v. Galway-Mayo IT (28 March 2012, Equality Tribunal) – Appointment to Assistant Lectureship – age discrimination – unfair treatment

Trinity College Dublin v. Moss (12 March 2012, Labour Court) – Lecturer – whether on fixed-term contract or CID – locus standi

Nowak v. Data Protection Commissioner (7 March 2012, High Court) – Examinations for Chartered Accountants Ireland – personal data access request – jurisidiction – whether examination script constituting “personal data”

O’Higgins v. University College Dublin (21 February 2012, Equality Tribunal) – Senior Lecturer – application for promotion to Professor – Discriminatory treatment – Gender – Prima Facie Case

Sheehan v. University College Cork (20 February 2012, Equality Tribunal) – Appointment to post of Clinical Education Coordinator – relevance of qualifications and experience – shortlisting – discrimination on grounds of gender

University College Cork v. Bushin (17 February 2012, High Court) – Researcher – fixed-term contract – redundancy – ex gratia payment – treatment in a less favourable manner than a comparable permanent employee

Dublin IT v. Nealon (17 February 2012, Labour Court) – Lecturer – Fixed-term contract – objective justification (commentary by Wendy Doyle)

Quigley and others v. Minister for Education (14 February 2012, High Court) – Part-time Lecturers at CIT – discrimination – terms and conditions less favourable than those of comparable full time employees – constitutional protections

Trinity College Dublin v. Moriarty (14 February 2012, Labour Court) – Lecturer – Research Fellowship – succession of fixed-term contracts – entitlement to CID

A Student v. Dublin City University (23 December 2011, Equality Tribunal) – Student – ill health – discrimination on the basis of this disability – assessment of assignments – whether university’s own guidelines adhered to – use of red pen to mark corrections

University College Dublin v. A worker (16 December 2011, Labour Court) – Lecturer – four successive fixed-term contracts – whether there were objective grounds that justified the renewal of the fixed-term contract – discrimination – entitlement to CID (discussed by Ed Madden)

Ryan v. Dublin IT (2 December 2011, Equality Tribunal) – Student – dyslexia, dyspraxia and Irlen Syndrome – discrimination on the basis of this disability – reasonable accommodation

A Student v. An Institute of Technology (23 November 2011, Equality Tribunal) – Student – depression and anxiety – discrimination on the basis of this disability – victimisation – time limits

Canniffe v. University College Dublin (15 November 2011, Equality Tribunal) – Senior Technician – retirement age of 70 – offer to technical staff of a lump sum on retirement on condition that they retired at 65 – discrimination

Letterkenny IT v. Hudy (11 October 2011, Labour Court) – Determination by Rights Commissioner that applicant was entitled to a CID – applicant’s employment terminated but he was subsequently re-instated – whether wages could be set off against earlier entitlements

Payne v. City of Dublin VEC (31 August 2011, Equality Tribunal) – Mature student – discrimination on grounds of age, nationality and disability – harassment

National College of Art and Design v. A Worker (29 August 2011, Labour Court) – Lecturer – fixed-term contract – lectureship abolished and worker moved to hourly rate but with similar duties – whether the worker should have been retained as a lecturer

Carlow IT v. Mavroudis (10 August 2011, Labour Court) – Lecturer – Age discrimination – failure to promote – constructive dismissal

Chakraborty v. University of Ulster (9 August 2011, Northern Ireland Fair Employment Tribunal ) – Reader –  discrimination on the grounds of race and religious belief

Holland v. Athlone IT (26 July 2011, High Court) – Lecturer – fixed-term contract – injunction

Kelly v. University College Dublin (21 July 2011, European Court of Justice) – Access to vocational training – Equal treatment for men and women – Rejection of candidature – Access of an applicant for vocational training to information on the qualifications of the other applicants

University College Cork v. Bushin (20 July 2011, Labour Court) – Fixed-term employee – redundancy – amount of severance payment – alleged discrimination – choice of comparator – whether other Irish universities are “associated employers”

University College Cork v. Nieuwstraten (20 July 2011, Labour Court) – Fixed-term employee – definition – jurisdiction

Ngongban v. Dublin IT (19 July 2011, Equality Tribunal) – Student – EU or non-EU fees – jurisdiction – “vocational training”

Trinity College Dublin v. SIPTU (13 July 2011, Labour Court) – Restructuring of academic year – leave entitlements

Trinity College Dublin v. SIPTU and IFUT (13 July 2011, Labour Court) – Career progression within Library Service – whether move to new salary scale was a matter of pay progression or was promotional – whether within Croke Park agreement

A Professor v. A University (21 June 2011, Employment Appeals Tribunal) – Professor acting up as Vice-President – additional allowance – subsequent determination that allowance was unlawful in the absence of HEA approval – reversion to previous salary – increase in salary rate – whether retrospective to cover period while unlawful allowance was paid

MacCába, Ó’Coigligh and MacGearailt v. St Patrick’s College, Dublin (21 June 2011, Equality Tribunal) – Internal merit promotion – discrimination on grounds of age – time limits

Athlone IT v. Holland and others (17 June 2011, Labour Court) – Assistant Lecturers – “fixed purpose contracts” – whether CIDs – redundancy

McGrath v. Athlone IT (14 June 2011, High Court) – Assistant Lecturer – application to restrain termination – purported redundancy – whether appropriate to grant injunction

University College Cork v. O’Riordan (3 May 2011, Labour Court) – Researcher – succession of fixed-term contracts – reliance on external funding – entitlement to CID

University College Dublin v. Rath (8 April 2011, Labour Court) – Senior Lecturer – promotion – age discrimination

O’Connell v. University College Dublin (11 March 2011, Equality Tribunal) – Senior Lecturer – internal promotion – criteria for promotion – age discrimination

University College Dublin v. A worker (11 February 2011, Labour Court) – Emeritus Professor – whether a “worker” – jurisdiction of court

Mancini v. Trinity College Dublin (8 February 2011, Equality Tribunal) – application for employment as lecturer – age discrimination

Dr X v. A University (2 February 2011, Equality Tribunal) – student – Severe Generalised Anxiety Disorder – discrimination – Equal Status Act 2000

Trinity College Dublin Library v. A worker (2 February 2011, Labour Court) – redeployment of library worker to different part of library – written guarantee that she would not be moved again – whether guarantee enforceable

Cornelius v. University College Dublin (23 December 2010, Equality Tribunal) – Promotion – internal candidate – age – discrimination

Croskery’s Application (8 December 2010, NI High Court) – Student – class of degree – role of Visitor – ECHR art 6 (commentary by Eoin O’Dell)

NUI Galway v. Phelan (2 December 2010, Labour Court) – Senior Research Fellow – whether fixed-term employee or on CID – alleged redundancy when research funding ran out – inapplicability of Universities Act

Evans v. University College Cork (1 December 2010, High Court) – charge of sexual harassment – discipline – proportionality

IT Sligo v. A worker (18 November 2010, Labour Court) – expiry of fixed-term contract – claim for redundancy payment

NUI Maynooth v. Buckley (15 November 2010, Labour Court) – Lecturer – Fixed-term contract, renewed on the basis of external research funding – termination of funding – entitlement to CID – redundancy

IT Sligo v. A worker (15 November 2010, Labour Court) – Researcher – Termination of fixed-term contract

Evans v. University College Cork (8 November 2010, High Court) – Lecturer – sexual harassment – judicial review – allegation of bad faith – discovery

A Lecturer v. A University (2 November 2010, Employment Appeals Tribunal) – Lecturer – Repudiation – Right to fair procedures

A Student v. Galway-Mayo IT (20 September 2010, Equality Tribunal) – Student – lack of physical mobility and neurological complications – discrimination – reasonable accommodation

University College Dublin v. IFUT (16 August 2010, Labour Court) – Head of School allowance initially granted and then withdrawn as contrary to the Universities Act 1997

Dublin IT v. Thompson (12 August 2010, Labour Court) – Contract of indefinite duration – Failure to implement Rights Commissioner’s decision

Doherty v. Letterkenny IT (5 August 2010, Equality Tribunal) – IT course – work placement – paraplegia – discrimination – harassment and victimisation

Mavroudis v. IT Carlow (28 July 2010, Equality Tribunal) – Lecturer – Jehovah’s witness – religious discrimination

Trinity College Dublin v. Conway (1 July 2010, Labour Court) – Lecturer on contract of indefinite duration – refusal to renew

Megahead v. Queen’s University Belfast (30 June 2010, NI Queen’s Bench Division) – PhD proposal – racial discrimination

Rath v. University College Dublin (8 June 2010, Equality Tribunal) – Promotion – age discrimination – burden of proof

James v. Cork IT (17 May 2010, Equality Tribunal) – Promotion – age discrimination – time limits

CAO v. Minister for Community Rural and Galeltacht Affairs (13 May 2010, Supreme Court) – Legal status of CAO – obligations as to the Irish language

University College Dublin v. SIPTU (19 April 2010, Labour Court) – academic promotion appeals process – fairness

NUI Galway v. SIPTU (29 March 2010, Labour Court) – Recruitment for administrative post – Irish language requirement

NUI Galway v. SIPTU (29 March 2010, Labour Court) – Student counsellors – Rates of pay

Kelly v. University College Dublin (26 February 2010, High Court) – Discrimination claim – Removal of documents on web site

A mature student v. A College (27 January 2010, Equality Tribunal) – Student – nephrotic syndrome – refusal of extension of course deadlines – reasonable accommodation

McGrath v. University College Dublin (26 January 2010, Equality Tribunal) – Student – ME and Chronic Fatigue Syndrome – reasonable accommodation – harassment

Saad v. Queen’s University Belfast (18 February 2010, NI Industrial Tribunal) – Appointment as research assistant – Discrimination

Cooke v. University College Dublin (18 January 2010, Equality Tribunal) – Promotion to full professorship – age discrimination

NUI Galway v. O’Toole (15 December 2009, Labour Court) – Fixed-term lectureship

Cahill v. Dublin City University (9 December 2009, Supreme Court) – Fair dismissal

A Student v. An Educational Establishment (8 December 2009, Equality Tribunal) – Student – sexual orientation – harassment and victimisation

A Complainant v. An Educational Institution (6 November 2009, Equality Tribunal) – Course requirements – pregnancy and childcare – discrimination

Galway-Mayo IT v. A worker (9 October 2009, Labour Court) – Eligible Part Time contract

Glenn v. University of Ulster (10 September 2009, NI Fair Employment Tribunal) – Office managership – Failure to short-list – Discrimination

University College Cork v. IDA (3 July 2009, Labour Court) – Contract renegotiation

University College Dublin v. SIPTU (1 July 2009, Labour Court) – Relocation of School

A PLC student v. An Educational Institution (30 June 2009, Equality Tribunal) – Removal from course – Asberger’s Syndrome – disruptive behaviour – reasonable accommodation

C v. University of Limerick (23 June 2009, Information Commissioner) – FOI – exam grade

Kruse v. Information Commissioner (23 June 2009, High Court) – FOI – exam grade

University College Dublin v. UNITE (29 May 2009, Labour Court) – Grading of Veterinary Nurses

Saad v. Queen’s University Belfast (7 May 2009, NI Industrial Tribunal) – Discrimination

Deman v. AUT (6 May 2009, Court of Appeal in Northern Ireland) – Discrimination

Kelly v. University College Dublin (5 May 2009, High Court) – Refusal of place on course – discrimination – perjury

Dublin IT v. A Worker (30 March 2009, Labour Court) – Career break

O’Hare v. Queen’s University Belfast (4 March 2009, NI Fair Employment Tribunal) – Unfair dismissal and discrimination

NUI Galway v. Morley (2 March 2009, Labour Court) – Fixed term contract

MacMahon v. University College Cork (2 March 2009, Equality Tribunal) – Refusal of sports scholarship – gender equality

NUI Maynooth v. Buckley (24 February 2009, Labour Court) – Fixed term contract

Trinity College Dublin v. A worker (19 February 2009, Labour Court) – Workload model

Buckley v. NUI Maynooth (13 February 2009, High Court) – Contract termination

University College Cork v. A worker (19 December 2008, Labour Court) – Promotion

University College Dublin v. A worker (11 December 2008, Labour Court) – Promotion

Prodanov v. Dublin City University (10 December 2008, Equality Tribunal) – Failure to appoint to permanent position – discrimination

University College Dublin v. A worker (8 December 2008, Labour Court) – Promotion

X v. A Third Level Educational Establishment (19 November 2008, Equality Tribunal) – ADHD – examinations – reasonable accommodation

Fanning v. University College Cork (28 October 2008, Supreme Court) – Discipline

University College Dublin v. A worker (12 August 2008, Labour Court) – Promotion

Prendergast v. Higher Education Authority (30 July 2008, High Court) – Quotas on applications to study medicine – EU and non-EU quotas – legality

University College Cork v. A worker (20 June 2008, Labour Court) – Promotion

Dundalk IT v. TUI (22 May 2008, Labour Court) – Pay parking

Kelly v. University College Dublin (14 March 2008, High Court) – Refusal of place on course

Athlone IT v. AMICUS (17 January 2008, Labour Court) – Duration of contract

Kelly v. Trinity College Dublin (14 December 2007, Supreme Court) – Bullying

McGree v. Athlone IT (5 November 2007, Equality Tribunal) – Senior Lecturer – gender discimination

Galway-Mayo IT v. TUI (16 October 2007, Labour Court) – Grading

Dublin City University v. Horgan (4 September 2007, Labour Court) – Promotion

Galway-Mayo IT v. EAT (20 June 2007, High Court) – Redundancy

IT Sligo v. A Worker (14 June 2007, Labour Court) – Promotion

A Manager v. An Institute of Technology (20 April 2007, Equality Tribunal) – Harassment and victimisation – racial and sexual discrimination

Cahill v. Dublin City University (9 February 2007, High Court) – Tenure

Walsh v. Waterford IT (19 December 2006, Equality Tribunal) – Lecturer – discrimination and harassment – gender and racial grounds

Waterford IT v. IMPACT (24 November 2006, Labour Court) – Professional Development

Kelly v. University College Dublin (November 2006, Equality Tribunal) – Admission to course – gender discrimination

Athlone IT v. A worker (26 July 2006, Labour Court) – Harassment

6 ITs v. SIPTU (14 June 2006, Labour Court) – Grading

Horgan v. Dublin City University (23 May 2006, Equality Tribunal) – Failure to promote to associate professorship – gender discrimination

University College Dublin v. SIPTU (6 April 2006, Labour Court) – Promotion

University of Limerick v. A worker (11 November 2005, Labour Court) – Demotion

Fanning v. University College Cork (24 June 2005, High Court) – Discipline

University College Dublin v. IFUT (12 May 2005, Labour Court) – Promotion

Waterford IT v. Walsh (26 April 2005, Labour Court) – Discrimination

NUI Maynooth v. A worker (18 March 2004, Labour Court) – Professorial status

Galway-Mayo IT v. A worker (16 March 2004, Labour Court) – Promotion

Waterford IT v. Walsh (15 January 2004, Labour Court) – Discrimination

Fanning v. University College Cork (22 October 2003, High Court) – Discovery

Dublin IT v. TUI (29 September 2003, Labour Court) – Promotion

Morgan v. Trinity College Dublin (9 July 2003, High Court) – Discipline

University of Limerick v. 3 Senior Officers (9 June 2003, Labour Court) – Pay relativity

Donoghue v. Galway-Mayo IT (9 May 2003, High Court) – Learning plan

X v. University College Cork (4 March 2003, Information Commissioner) – Promotion

University College Dublin v. SIPTU (13 February 2003, Labour Court) – Disturbance

Dublin City University v. SIPTU (6 December 2002, Labour Court) – Universities Act duties

University College Dublin v. McKernan (19 August 2002, Labour Court) – Promotion

Fanning v. University College Cork (25 July 2002, High Court) – Discipline

Barlow v. Fanning and University College Cork (2 July 2002, Supreme Court) – Misconduct

University College Dublin v. A Worker (19 December 2001, Labour Court) – Regrading

Athlone IT v. SIPTU (10 December 2001, Labour Court) – Bullying

University College Cork v. Keohane (28 November 2001, Labour Court) – Holiday pay

Howard v. University College Cork (25 July 2000, High Court) – Tenure as HoD

Fanning v. University College Cork (7 July 1999, High Court) – Discipline

Dublin IT v. DITASA (1 June 1999, Labour Court) – Pay relativity

Conlan v. University of Limerick (4 February 1999, High Court) – Promotion

Dublin IT v. A worker (28 September 1998, Labour Court) – Demotion

University of Limerick v. A worker (21 October 1997, Labour Court) – Promotion

University College Cork v. IFUT (2 December 1996, Labour Court) – Pay relativity

University of Limerick v. A worker (30 September 1996, Labour Court) – Promotion

University of Limerick v. 2 workers (20 April 1995, Labour Court) – Pay relativity

University of Limerick v. MSF (5 April 1995, Labour Court) – Working relationships

Dublin City University v. SIPTU (20 October 1994, Labour Court) – Regrading

University College Dublin v. SIPTU (21 October 1991, Labour Court) – Retirement

University College Dublin v. IFUT (16 July 1991, Labour Court) – Disturbance

University College Dublin v. IFUT (30 November 1990, Labour Court) – Disturbance

Flanagan v. University College Dublin (29 September 1988, High Court) – Examinations

University College Dublin v. IMO (6 February 1987, Labour Court) – Pay relativity

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For further cases see BAILII, courts.ie, the Equality Tribunal site, the Employment Appeal Tribunal site,  the Labour Court site, and the Northern Ireland Courts and Tribunals Service.