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UCD v. IFUT (16 August 2010, Labour Court) – Head of School allowance initially granted and then withdrawn as contrary to the Universities Act 1997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

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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.

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