Duncan Inverarity is a former a partner and Head of A&L Goodbody's Employment Law group and practiced exclusively in the area of employment law and industrial relations in multiple jurisdictions. Duncan advised public and private sector employers on both contentious and non-contentious matters. He advised Board rooms across Ireland and abroad on strategic and complex employment and industrial relations matters. Duncan also specialised in crisis management for clients and advised on some of the most high profile corporate issues in Ireland. Duncan regularly appeared for clients in the Workplace Relations Commission, the Circuit Court, the High Court, the Court of Appeal and the Supreme Court. Duncan also acted for partnerships in mediated settlements and in proceedings in the High Court.
An employee must elect between a WRC claim and cause of action in tort when pursuing a penalisation and/or unfair dismissal action.
The Plaintiff alleged that emails sent to him by his employer constituted penalisation arising from a protected disclosure made by him, and that his resignation constituted constructive dismissal.
The Plaintiff complained to the Workplace Relations Commission (WRC) on two occasions, where the adjudication officer determined as a preliminary issue that his complaints were outside the statutory time limit. No appeal was taken to the Labour Court by the Plaintiff.
A year after the WRC decision, the Plaintiff issued High Court proceedings seeking a number of reliefs including relief in tort pursuant to s.13 of the Protected
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