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September 21, 2023

Busy Practitioner (September 2023)

The September update to Busy Practitioner is now live for subscribers.

September 21, 2023

September Issue of Irish Employment Law Update Now Live

The September issue of Irish Employment Law Update is now live for subscribers of Irish Employment Law.

In this month's edition, Paul Kilraine BL writes about the case of Ray O’Sullivan v The Health Service Executive. This is a major decision in Irish employment law, as the principle in Braganza has been unanimously accepted. This means that where a decision is being taken pursuant to a contractual term, that involves discretion on the part of the decision maker, it will need to be reasonable, taking into account all relevant matters and excluding all irrelevant matters. 

Key words:

[2023] IESC 11 – 10 May 2023 ‒ Mr Justice Donal O’Donnell CJ ‒ Ms Justice Elizabeth Dunne

‒ Mr Justice Seamus Woulfe

Health Act 1970, s 24; Local Government Act 1941, s 86; Suspension; Rowland v An Post [2017] 1 IR 355; Corbally v Medical Council & Ors [2015] 2 IR 304; Quirke v Bord Luthcleas na hÉireann [1988] IR 83; Deegan v The Minister for Finance [2000] 11 ELR 190; Earley v HSE [2015] IEHC 520; Sweeney v Duggan [1997] 2 ILRM 211; Flynn v An Post [1987] IR 68 Meridian Communications Ltd v Eircell Ltd [2002] 1 IR 17; Morgan v TCD [2003] 3 IR 157 The Governor and Company of the Bank Of Ireland v Reilly [2015] IEHC 241; Braganza v BP Shipping and anor [2015] 1 WLR 1661; Socimer International Bank Ltd v Standard Bank London Ltd [2008] Bus. LR 1304

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