Justice Hogan in May of 2012 in Wallace v Irish Aviation Authority has the potential to cause a dramatic shift in the granting of the so-called 'employment' injunctions going forward. This essay will discuss the decision in Wallace and its potential effects to future case law, with the assumption that the reader already has a sense for the general principles# used to determine whether an injunction will be granted in cases of this kind. Since the first injunction of this kind was granted in this jurisdiction in the case of Fennelly v Assicurazioni Generali Spa, the criteria to be considered, particularly in relation to interlocutory injunctions, has been ever evolving. Wallace presents further change.
A brief description of the facts of the case is now necessary. Regina Wallace, the plaintiff, was employed by the Irish Aviation Authority, the defendant, in their training center in Shannon, Co. Clare. As a result of an unexplained absence from work the plaintiff was dismissed following a disciplinary hearing. The plaintiff had an unprecedented level of absenteeism, having taken 759 days of sick leave over a 9 year period. The plaintiff had also over the course of her employment made two allegations of bullying, one of which she had succeeded in and the other which was outstanding. The dismissal was appealed, and the defendant purported to place her on administrative leave with full pay until the end of the appeal proceedings. The plaintiff brought an action to the High Court seeking an interlocutory injunction to restrain her employer from placing her on leave, as she wished to remain in work until the date of the appeal. The dismissal is not directly at issue here. The key question is: can the authority place her on administrative leave pending the outcome of the appeal?.
A key factor in determining this was certain terms of the employee's contract that stated the following: "Appeals will be heard by an Authority Manager senior to the Manager who decided the outcome of the hearing of the appeal.
The Irish continued to immigrate to the New World. In late August 1845, a potato famine struck Ireland. ... The Irish were labeled lazy and unreliable and had many problems finding jobs, often finding themselves competing with slaves for employment. ... Some lucky Irish were able to find sources of income. ... Many times, the Irish that had jobs were exploited as hired men. ...
The Irish Immigration to America The largest group ever to immigrate to the United States was the Irish. ... The British encouraged the people of Northern Ireland (Ulster) who were called Scotch-Irish to create a Presbyterian presence in a Catholic Ireland. ... Add periodic crop failures that hurt the Irish whose major form of employment was mostly farming and it was also their only source of food. ... Whatever crops the Irish could produce went directly to the British leaving the Irish hungry and poor. ... They were forced to live with other people from their...
The Fair Employment Commission was putting them into the workplace. ... Certain novelty items and Irish wool gain Chuckie some big money, largely because of the attraction by Americans for Irish goods. This slightly displays the interest from other economies in Irish goods which helps to propel the Irish economy forward. ... Without Northern Ireland being able to be at peace within itself there would be no way that a united Ireland would work. Established peace and unity within Northern Ireland for a long standing time might enable a further development of a united Ireland. ...
Gloomily, conditions got worse for the Irish people. ... Bound for America, leaving home in the hope that the New World would offer them some promise in the way of employment and stability. ... All major cities had their "Irish Town" or "Shanty Town" where the Irish clung together. The Irish were not wanted in America. Ads for employment often were followed by "NO IRISH NEED APPLY." ...
O"Connor, The Boston Irish, p. xix The way in which the Irish transformed Boston is perhaps the most remarkable story of immigration changing America. ... However, following the Famine in Ireland, an unprecedented flood of starving Irish arrived in New England seeking opportunity, political freedom, religious toleration, but above all, a meal. ... Yet, the Irish were aggressive and determined to share in the American dream. ... Following the Famine, the Irish population in Boston exploded. ... One factor that would eventually draw the Irish to the political realm of Boston lay in the tr...
Indeed, the title suggests that Ireland has not managed to get taxation quite right! ... It will put into perspective the levels of taxes the actors in the Irish system pay. ... From 2007 to 2011 the level of employment fell from 2.14 million to 1.84 million in Ireland which is a massive decrease, the effect of this is that the income tax take is sought from fewer people, which in turn, has increased the tax burden on those individuals. ... (Debunking the Irish Tax System, 2014) Under-Taxed Corporations pay very little tax on profits in Ireland. ... Badly-Taxed Since the demise of the celti...
Life for the Irish women crossing the Atlantic in search of better means of living was treacherous to say the least. ... Due to the prolific employment opportunities afforded to female Irish immigrants by the swift uprising of industrialization in the United States, Irish women became financially self-reliant and independent resulting in many of them taking on more "male-like" roles in their households such as being the primary "bread-winners". ... "Because they [the Irish] adhered to a tradition whereby women functioned apart from men, they [Irish women] could take ad...