Case law
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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McGinty v. GMIT (28 March 2012, Equality Tribunal) – Appointment to Assistant Lectureship – age discrimination – unfair treatment
TCD v. Moss (12 March 2012, Labour Court) – Lecturer – whether on fixed-term contract or CID – locus standi
O’Higgins v. UCD (21 February 2012, Equality Tribunal) – Senior Lecturer – application for promotion to Professor – Discriminatory treatment – Gender – Prima Facie Case
UCC 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
TCD v. Moriarty (14 February 2012, Labour Court) – Lecturer – Research Fellowship – succession of fixed-term contracts – entitlement to CID
A Student v. DCU (23 December 2011, Equality Tribunal) – Student – ill health – discrimination on the basis of this disability – assessment of assignments – whether unversity’s own guidelines adhered to – use of red pen to mark corrections
UCD 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. DIT (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. UCD (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
Canny v. NUIG (7 September 2011, Employment Appeals Tribunal) – Payment of Wages – Unauthorised allowances
Payne v. City of Dublin VEC (31 August 2011, Equality Tribunal) – Mature student – discrimination on grounds of age, nationality and disability – harassment
NCAD 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. UCD (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
UCC 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”
UCC 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”
TCD v. SIPTU (13 July 2011, Labour Court) – Restructuring of academic year – leave entitlements
TCD 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
UCC v. O’Riordan (3 May 2011, Labour Court) – Researcher – succession of fixed-term contracts – reliance on external funding – entitlement to CID
UCD v. Rath (8 April 2011, Labour Court) – Senior Lecturer – promotion – age discrimination
O’Connell v. UCD (11 March 2011, Equality Tribunal) – Senior Lecturer – internal promotion – criteria for promotion – age discrimination
UCD v. A worker (11 February 2011, Labour Court) – Emeritus Professor – whether a “worker” – jurisdiction of court
Mancini v. TCD (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
TCD 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. UCD (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)
NUIG 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. UCC (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
NUIM 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. UCC (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. GMIT (20 September 2010, Equality Tribunal) – Student – lack of physical mobility and neurological complications – discrimination – reasonable accommodation
UCD v. IFUT (16 August 2010, Labour Court) – Head of School allowance initially granted and then withdrawn as contrary to the Universities Act 1997
DIT 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
TCD v. Conway (1 July 2010, Labour Court) – Lecturer on contract of indefinite duration – refusal to renew
Megahead v. QUB (30 June 2010, NI Queen’s Bench Division) – PhD proposal – racial discrimination
Rath v. UCD (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
UCD v. SIPTU (19 April 2010, Labour Court) – academic promotion appeals process – fairness
NUIG v. SIPTU (29 March 2010, Labour Court) – Recruitment for administrative post – Irish language requirement
NUIG v. SIPTU (29 March 2010, Labour Court) – Student counsellors – Rates of pay
Kelly v. UCD (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. UCD (26 January 2010, Equality Tribunal) – Student – ME and Chronic Fatigue Syndrome – reasonable accommodation – harassment
Saad v. QUB (18 February 2010, NI Industrial Tribunal) – Appointment as research assistant – Discrimination
Cooke v. UCD (18 January 2010, Equality Tribunal) – Promotion to full professorship – age discrimination
NUIG v. O’Toole (15 December 2009, Labour Court) – Fixed-term lectureship
Cahill v. DCU (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. UU (10 September 2009, NI Fair Employment Tribunal) – Office managership – Failure to short-list – Discrimination
UCC v. IDA (3 July 2009, Labour Court) – Contract renegotiation
UCD 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. UL (23 June 2009, Information Commissioner) – FOI – exam grade
Kruse v. Information Commissioner (23 June 2009, High Court) – FOI – exam grade
UCD v. UNITE (29 May 2009, Labour Court) – Grading of Veterinary Nurses
Saad v. QUB (7 May 2009, NI Industrial Tribunal) – Discrimination
Deman v. AUT (6 May 2009, Court of Appeal in Northern Ireland) – Discrimination
Kelly v. UCD (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. QUB (4 March 2009, NI Fair Employment Tribunal) – Unfair dismissal and discrimination
NUIG v. Morley (2 March 2009, Labour Court) – Fixed term contract
MacMahon v. UCC (2 March 2009, Equality Tribunal) – Refusal of sports scholarhip – gender equality
NUIM v. Buckley (24 February 2009, Labour Court) – Fixed term contract
TCD v. A worker (19 February 2009, Labour Court) – Workload model
Buckley v. NUIM (13 February 2009, High Court) – Contract termination
UCC v. A worker (19 December 2008, Labour Court) – Promotion
UCD v. A worker (11 December 2008, Labour Court) – Promotion
Prodanov v. DCU (10 December 2008, Equality Tribunal) – Failure to appoint to permanent position – discrimination
UCD 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. UCC (28 October 2008, Supreme Court) – Discipline
UCD v. A worker (12 August 2008, Labour Court) – Promotion
Prendergast v. HEA (30 July 2008, High Court) – Quotas on applications to study medicine – EU and non-EU quotas – legality
UCC v. A worker (20 June 2008, Labour Court) – Promotion
Dundalk IT v. TUI (22 May 2008, Labour Court) – Pay parking
Kelly v. UCD (14 March 2008, High Court) – Refusal of place on course
Athlone IT v. AMICUS (17 January 2008, Labour Court) – Duration of contract
Kelly v. TCD (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
DCU v. Horgan (4 September 2007, Labour Court) – Promotion
GMIT 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. DCU (9 February 2007, High Court) – Tenure
Walsh v. Waterford IT (19 December 2006, Equality Tribunal) – Lecturer – discimination and harassment – gender and racial grounds
Waterford IT v. IMPACT (24 November 2006, Labour Court) – Professional Development
Kelly v. UCD (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. DCU (23 May 2006, Equality Tribunal) – Failure to promote to associate professorship – gender discrimination
UCD v. SIPTU (6 April 2006, Labour Court) – Promotion
UL v. A worker (11 November 2005, Labour Court) – Demotion
Fanning v. UCC (24 June 2005, High Court) – Discipline
UCD v. IFUT (12 May 2005, Labour Court) – Promotion
Waterford IT v. Walsh (26 April 2005, Labour Court) – Discrimination
NUIM 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. UCC (22 October 2003, High Court) – Discovery
Dublin IT v. TUI (29 September 2003, Labour Court) – Promotion
Morgan v. TCD (9 July 2003, High Court) – Discipline
UL 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. UCC (4 March 2003, Information Commissioner) – Promotion
UCD v. SIPTU (13 February 2003, Labour Court) – Disturbance
DCU v. SIPTU (6 December 2002, Labour Court) – Universities Act duties
UCD v. McKernan (19 August 2002, Labour Court) – Promotion
Fanning v. UCC (25 July 2002, High Court) – Discipline
Barlow v. Fanning and UCC (2 July 2002, Supreme Court) – Misconduct
UCD v. A Worker (19 December 2001, Labour Court) – Regrading
Athlone IT v. SIPTU (10 December 2001, Labour Court) – Bullying
UCC v. Keohane (28 November 2001, Labour Court) – Holiday pay
Howard v. UCC (25 July 2000, High Court) – Tenure as HoD
Fanning v. UCC (7 July 1999, High Court) – Discipline
Dublin IT v. DITASA (1 June 1999, Labour Court) – Pay relativity
Conlan v. UL (4 February 1999, High Court) – Promotion
Dublin IT v. A worker (28 September 1998, Labour Court) – Demotion
UL v. A worker (21 October 1997, Labour Court) – Promotion
UCC v. IFUT (2 December 1996, Labour Court) – Pay relativity
UL v. A worker (30 September 1996, Labour Court) – Promotion
UL v. 2 workers (20 April 1995, Labour Court) – Pay relativity
UL v. MSF (5 April 1995, Labour Court) – Working relationships
DCU v. SIPTU (20 October 1994, Labour Court) – Regrading
UCD v. SIPTU (21 October 1991, Labour Court) – Retirement
UCD v. IFUT (16 July 1991, Labour Court) – Disturbance
UCD v. IFUT (30 November 1990, Labour Court) – Disturbance
Flanagan v. UCD (29 September 1988, High Court) – Examinations
UCD 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.