Cunningham -v- Intel Ireland Ltd [2013] IEHC 207 (15 May 2013)

Cunningham -v- Intel Ireland Ltd [2013] IEHC 207 (15 May 2013)

Both the personal injury and equality claims arise from the same facts and alleged mistreatment in the workplace. Section 101(2)(a) of the Employment Equality Act 1998-2008 and the rule in Henderson v. Henderson preclude the plaintiff from pursuing a separate personal injury claim. The Labour Court can provide adequate remedy for all complaints. The proceedings are an abuse of process and must be dismissed.

Citation
[2013] IEHC 207
Parties
Plaintiff: Marie Cunningham; Defendant: Intel Ireland Limited
Jurisdiction
Ireland
Judgment Date
15 May 2013
Procedural Posture
Personal Injury and Employment Equality / Motion to Strike Out Proceedings
Outcome
Plaintiff's personal injury proceedings dismissed as an abuse of process and duplication of equality claim.
Legal Topics
Abuse of Process, Duplication of Proceedings, Employment Discrimination, Personal Injury Claims, Jurisdiction of Labour Court
Employment Law Personal Injury Law Civil Procedure Abuse of Process Duplication of Proceedings Employment Discrimination Personal Injury Claims Jurisdiction of Labour Court

Case Brief

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Parties

Marie Cunningham

Plaintiff

Intel Ireland Limited

Defendant

Procedural Posture

Personal Injury and Employment Equality / Motion to Strike Out Proceedings

Legal Issues

  1. 1 Whether the plaintiff's personal injury claim constitutes an abuse of process or duplication of her equality claim
  2. 2 Whether s.101(2)(a) of the Employment Equality Act 1998-2008 precludes recovery of damages at common law for the same facts
  3. 3 Whether the rule in Henderson v. Henderson applies to bar the proceedings

Ratio Decidendi

Both the personal injury and equality claims arise from the same facts and alleged mistreatment in the workplace. Section 101(2)(a) of the Employment Equality Act 1998-2008 and the rule in Henderson v. Henderson preclude the plaintiff from pursuing a separate personal injury claim. The Labour Court can provide adequate remedy for all complaints. The proceedings are an abuse of process and must be dismissed.

Court Disposition

Plaintiff's personal injury proceedings dismissed as an abuse of process and duplication of equality claim.

Orders

  • Personal injury summons struck out
  • Plaintiff to pursue all remedies in Labour Court equality proceedings