Thomas Hogan v Health Service Executive [2016]
Decision Number: Legal Body: Workplace Relations Commission
Published on: 15/01/2016
Article Authors The main content of this article was provided by the following authors.
Breda O'Malley Partner and Mediator, Hayes Solicitors
Breda O'Malley Partner and Mediator, Hayes Solicitors
Bredo omalley

Breda practises in Employment law and leads the Employment Law team at Hayes solicitors. She advises both employers and employees on all aspects of the employment relationship.

Breda is an accredited mediator with the Centre for Effective Dispute Resolution (CEDR) and she is a Council member with the Irish Commercial Mediation Association. A Partner in a large law firm whose client engaged Breda as a mediator has described Breda as ‘sensational’, gave her top marks and highly recommended Breda to his legal team for future mediations.

Breda qualified with the Timoney Leadership Institute in 2018, follow a six month immersion course on ethical leadership in business. This course was presented by visiting Harvard professors who taught through the case study method on ethical dilemmas which business leader face.

Breda adopts a commercially pragmatic approach to dispute issues, avoiding litigation for her clients where appropriate, and using her skills as an accredited commercial mediator.

Breda is a prominent adviser in the area of the Transfer Regulations (TUPE), where she has advised employers outsourcing and changing service providers. Her previous legal practice in commercial law work strongly influences her pragmatic business focused approach to the clients she advises.

Breda acts for a broad spectrum of clients from multinational corporations and large public entities to indigenous Irish businesses, charities and private clients on the employer side. She also acts for C-suite executives in PLCs and multinationals.

Breda is praised by clients for ‘digging deep’ on their behalf, and going the extra mile.

Breda regularly gives workshops and seminars to professional and trade associations and client organisations on employment and commercial law issues.

Background

These two separate cases (to be read in conjunction with John McDermott v Health Service Executive [2016] EAT PW113/2012 ) involve successful appeals brought by two consultants (‘the Appellants’) to the Employment Appeals Tribunal under the Payment of Wages Act, 1991.

The Appellants signed revised consultant contracts with the Respondent in September 2008. As part of these contracts, private practice was restricted. It was the Appellants’ case that they did not receive all of their agreed salary increases and that unlawful deductions in their salaries occurred.

It was the Respondent’s case that the process which the Appellants signed up to in 2008 was part of an exercise to identify the numbers who would sign up in order to establish

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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 15/01/2016
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