McGaley v. Liebherr Container Cranes Ltd. [2001] IEHC 132 (19th October, 2001)

McGaley v. Liebherr Container Cranes Ltd. [2001] IEHC 132 (19th October, 2001)

The Tribunal's determination that the appellant's presence was not indispensable was a question of fact decided on the evidence available at the time, and there was no error of law or application of wrong principles warranting an appeal under Section 20.

Citation
[2001] IEHC 132
Parties
Applicant: Appellant; Respondent: Respondents
Jurisdiction
Ireland
Procedural Posture
Appeal / High Court Appeal From Employment Appeals Tribunal Determination
Outcome
appeal refused
Legal Topics
Force Majeure Leave, Parental Leave Act 1998, Urgent Family Reasons
Employment Law Force Majeure Leave Parental Leave Act 1998 Urgent Family Reasons

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Applicant

Respondents

Respondent

Procedural Posture

Appeal / High Court Appeal From Employment Appeals Tribunal Determination

Legal Issues

  1. 1 Whether the appellant was entitled to force majeure leave under Section 13 of the Parental Leave Act, 1998
  2. 2 Whether the Tribunal erred in law by assessing the indispensability of the appellant's presence with hindsight

Ratio Decidendi

The Tribunal's determination that the appellant's presence was not indispensable was a question of fact decided on the evidence available at the time, and there was no error of law or application of wrong principles warranting an appeal under Section 20.

Court Disposition

appeal refused

Orders

  • Order sought by appellant refused