Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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European Court Holds WRC Can Dis-Apply National Law that Is Contrary to EU Law

Precedential Decision by Judiciary or Regulatory Agency

Author: Emmet Whelan, Partner — ByrneWallace

Three individuals who were excluded from recruitment to the Irish police force (as they were above the maximum age for recruitment set out in Irish Regulations) brought complaints claiming the rule was discriminatory on grounds of age and contrary to Ireland’s Employment Equality Acts (which transposed EU Directive 2000/78 on equal treatment in employment). The Court of Justice of the European Union held that the primacy of EU law means that organs of the State have a duty to give full effect to EU law and, if necessary, refuse to apply a conflicting provision of national law. Accordingly, Ireland’s Equality Tribunal (now the “Workplace Relations Commission”) had the power to dis- apply a rule of national law that is contrary to EU law.

Court of Appeal Limits Legal Representation in Disciplinary Iinquiries to “Exceptional Circumstances”

Precedential Decision by Judiciary or Regulatory Agency

Author: Loughlin Deegan, Partner — ByrneWallace

In the case of Iarnród Éireann / Irish Rail v Barry McKelvey [2018] ICEA 346, the Irish Court of Appeal held that employees who are the subject of internal disciplinary inquiries will not normally be entitled to legal representation during such inquiries. This clarifies the entitlements of an accused person during a workplace investigation and implicitly suggests that the previous decision of the Irish High Court in this area (i.e., Lyons v Longford Westmeath ETB [2018] 29 ELR 35) was incorrect in respect of the entitlement to legal representation.