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Find out why the Irish Court of Appeal overturned one of the largest bullying and harassment awards

AUTHOR(S): Bryan Dunne
PRACTICE AREA GROUP: Employment, Pensions and Benefits
DATE: 28.01.2016

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.

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.

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