Ruth Kelleher v Havenhill Trading Limited The Coachman Public House [2023]
Decision Number: ADJ-00039565 Legal Body: Workplace Relations Commission
Published on: 07/09/2023
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Paul D Maier BL Barrister
Paul D Maier BL Barrister
Paul maier

Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.

Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.

Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.

Background

Background:

The Complainant had been employed as a barperson for the Respondent, a pub operator, for 17 years prior (broken only by a period of “lay off” during the COVID-19 pandemic) to her alleged termination. This period of “lay-off” was alleged by the Respondent to be a break in the Complainant’s employment, thus making her consecutive period of service prior to the incidents in question less than one year and barring her from protection under the Unfair Dismissals Act 1977.

On 17 March 2022, the Complainant was having a drink in the Respondent’s premises while not working and was involved in an altercation with a patron of the pub and was ultimately hit with a glass in the face.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 07/09/2023
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