Employment Law

dobbyn blog image

In a recent case against Wexford County Council the Plaintiff a Mr. James Breen sued his employer for alleged bullying, harassment and intimidation, however, he was found guilty of delay in that he started his Court proceedings in 2001 and effectively took very few steps to progress his claim until 2012. Ultimately, the Defendant issued a Motion to dismiss the Plaintiff’s claim in 2018.  Judge Noonan found that the Plaintiff was guilty of inordinate and inexcusable delay.  The Judge was particularly influenced by the fact that the alleged bullying, harassment and intimidation had at that stage occurred almost 18 to 20 years ago.  The Judge felt that the employer would find it effectively impossible to defend the case properly and that the Defendant was prejudiced in that regard.  The Judge also referred to Article 6 of the European Convention of Human Rights which states that persons are entitled to have their Rights vindicated within a reasonable time.  The within shows the importance of prosecuting a claim in a timely and expedient fashion.  If this does not occur a Plaintiff/Claimant leaves themselves venerable to a successful application by the Defendant/Respondent to dismiss.  If you have any queries on any aspect of Employment Law please contact our Partner Finola Cronin @fcronin@dobbynmccoy.com or telephone 051 – 874087