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.

UCD v. A worker (11 February 2011, Labour Court) – Emeritus Professor – whether a “worker” – jurisidiction of court

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

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UCD v. IFUT (16 August 2010, Labour Court) – Head of School allowance initially granted and then withdrawn as contrary to the Universities Act 1997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 (10 April 2010, Labour Court) – Promotion to Senior Lecturer – validity of scheme

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

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

5 Responses to “Case law”

  1. David Tomkin Says:

    Have you a record of Horgan v DCU (Circuit Court, successful challenge to DCU’s promotions policy: femal candidate for associate professorship denied promotion.

  2. Unfortunately no – I only have that case at Labour Court level – on the page (September 2007) (wasn’t aware it had gone elsewhere). Sorry!

  3. […] A full account of documented litigation in Irish Universities is listed here. […]

  4. […] the system has further damaged their case for financial autonomy. A quick perusal of the numerous cases of litigation across all colleges makes for sober […]

  5. […] A spokesperson for the president stated at the time that “DCU is appealing the High Court decision, thereby indicating that we are not satisfied that it correctly states the law. It will be for the Supreme Court to decide what the correct position is. ” Irish Universities, in particular DCU have been widely criticised for wasting tax-payers money on legal disputes with staff. […]

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