Employment Law

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A recent decision of the High Court illustrates the importance of proceeding quickly in maintaining any claim in an employment law situation.  In a recent case of Ciaran Carroll v New Ireland Assurance Company trading as Bank of Ireland Life Mr. Carroll instituted proceedings against his former employer challenging the validity of a decision to dismiss him.  He had been dismissed in September 2002.  He brought the application some 18 years later.  The High Court held that Mr. Carroll had not provided an excuse for the lengthy delay.   The Judge found that the balance of justice favoured the striking out of his application.  The Judge was of the view that the Defendant in the case faced a significant dis-advantage if required to defend the proceedings in the circumstances.  It is not clear as to why exactly Mr. Carroll delayed some 18 years, however, the decision makes it clear the delay was such that New Ireland Assurance would not have been able to fairly state their position after the passage of so much time.