In 2008, Anna was admitted to the Law Society of Ireland and in 2010, she was admitted to the UK Solicitors Regulatory Authority. Prior to this, Anna attended University College Dublin and after studying for one year in Switzerland, she attained a European BCL degree in law. Following this, she completed a Masters in Commercial Law, graduating with honours. Anna then went on to qualify as a Solicitor in Eversheds Sutherland, a commercial law firm in Dublin. After 15 years with Eversheds Sutherland, having become a partner, she moved to take up her current position of General Counsel and Company Secretary with the Mater Hospital Group.
As General Counsel and Company Secretary to 7 boards within the Mater Group, Anna advises the respective Chairs and directors on all aspects of corporate governance and compliance as well as providing induction training for all new directors. On a day to day basis, Anna works with the CEOs and senior management of the hospitals in the Group to assist them with company law matters, charity requirements, data protection including GDPR, patient consent issues, protected and open disclosure, emergency ward of court High Court applications as well as commercial contracts.
In June 2019, Anna took up the position of external independent director for the Irish College of General Practitioners (ICGP). www.icgp.ie
Anna is also a guest lecturer for the Law Society of Ireland on its Diploma in Law and Diploma in Employment Law courses. She is a member of the Dublin Solicitors Bar Association employment law committee which works to promote the welfare and interests of solicitors through continuous professional development.
The recent Supreme Court decision of Thompson v Dublin Bus (2015) has clarified that employers’ duties in relation to the safety of work equipment provided to employees is not absolute.
FACTS
The plaintiff was a bus driver employed by Dublin Bus. On the day in question, in the course of driving the bus, the plaintiff traversed a number of ramps and at one of the ramps, the pneumatic suspension of the bus malfunctioned causing a loss of “cushion effect” thereby causing him neck and lower back injury.
CLAIM AND HIGH COURT DECISION
Under the Safety, Health and Welfare at Work (General Application) Regulations 1993, there were various duties on employers to ensure the safety of any equipment provided to employees. The High Court found that, despite the employer carrying out a proper system of inspection, maintenance and repair with “no blameworthiness”, the Regulations imposed “an absolute duty” in respect of the safety of equipment provided and so Dublin Bus had failed to discharge this duty.
SUPREME COURT DECISION
Dublin Bus appealed this decision to the Supreme Court. Upon analysing the Regulations (and the Directive they are based on), the Supreme Court found that in cases where it is not possible to fully eliminate risk related to equipment, the duty was to take appropriate measures to minimise any risk. In light of this, it was not possible to construe the relevant 1993 Regulation as imposing absolute liability on employers. The Supreme Court noted that it is difficult to anticipate what further steps could have been taken by Dublin Bus on the facts. In light of this, Dublin Bus’ appeal was successful.
CONCLUSION
The 1993 Regulations at play in this case have since been revoked and replaced by similar provisions (particularly Regulation 28) under the Safety, Health and Welfare at Work (General Application) Regulations 2007.
However, the decision is useful for employers in determining that statutory duties imposed on them in relation to the safety of work equipment are not absolute and only go so far. It also highlights the importance of regularly maintaining and ensuring a proper and frequent system of inspection, maintenance and repair of all company equipment provided to employees from company cars to workplace machinery.
(This briefing is correct as at 27 March 2015)
Full Case Decision:
http://www.bailii.org/ie/cases/IESC/2015/S22.html
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