All as a result of the injuries she suffered at birth at Waterford Regional Hospital.

If she had been born 10 to 12 minutes earlier, she might never have seen the inside of High Court No 29 and her parents would not have had to embark on a tough legal battle.

The girl was pretty in pink yesterday as that eight-year legal battle with the HSE over the circumstances of Alex’s birth came to an end.

Her case was described as tragic by her counsel, Liam Reidy, who said Alex’s mother had gone private for the birth of her first baby.

But on the night Sonya Butler was admitted to Waterford Regional Hospital, he said, the three dedicated publicly appointed consultant obstetricians were on holiday and a locum consultant obstetrician was in charge.

In a statement last night, solicitors for the hospital claimed that this was incorrect, and only one of the obstetricians was on holiday.

Earlier, Waterford Regional Hospital apologised to Alex and her parents, Sonya and John Butler, of Kilmacleague, Dunmore East, Co Waterford, for injuries suffered at her birth on Apr 12, 2005.

The apology was read out as part of the settlement of Alex’s action for damages against the HSE — involving a €1.4m interim payment.

“Waterford Regional Hospital sincerely regrets the tragic consequences their failings have caused to both Alex and to her parents John and Sonya Butler,” it said.

As a result of the payout, Alex now has a chance to achieve her potential, which Mr Justice Sean Ryan heard was very high — she has the capacity to go to university and live independently when she is older.

“It is a real tragedy,” Mr Reidy said. “Alex is the star of the show.”

He told the court Mrs Butler spent a year at the Peto Institute in Hungary to make sure her daughter reaches her maximum physical capacity. John Butler worked 10-hour days to fund the treatment.

After the case, Mrs Butler said: “We have an opportunity to start Alex’s life. We want to thank everybody that helped us over the last eight years. She has been amazing but she deserves so much more.”

As the Butlers walked from the court, everybody realised Alex is a very lucky girl. In her mother’s words to the High Court: “She is our life.”

Irish Examiner by Ann O’Loughlin Wednesday, April 24, 2013

Eamon Ryan, 44, from Burnscove, Kishykirk, Co Limerick, claimed he was fired from his position as leisure manager at the Charleville Park Hotel because of a “homophobic reaction” to his other business.

During an Employment Appeals Tribunal hearing in Limerick earlier this year, Mr Ryan insisted he was open and honest about the sauna club in Shannon and said he was a director of the business but did not work there.

The tribunal heard he was fired from his €38,000 position at the hotel in Aug 2010 after working there for two years.

The married father took a case of unfair dismissal against Ambassador Court Ltd trading as the Charleville Park Hotel.

He disputed breaching his contract of employment with the hotel by being involved with his other business and further contended the covenant upon which his employer sought to rely on was neither binding nor enforceable.

In her evidence, Niamh Ryan said her husband’s dismissal had a “horrendous” impact on their financial situation and that at one stage the couple had to burn a floor in their house in order to heat their home.

Brendan Comerford, the general manager of the hotel, told the tribunal he received an anonymous phonecall on Jul 29, 2010, advising that Mr Ryan was involved in a business which should “be of interest” to his employers.

Mr Comerford said the issue was with Mr Ryan’s dishonesty and breach of contract and had nothing to do with the nature of his other business.

However, Mr Ryan claimed, during a meeting with management, he was met with a “knee-jerk homophobic reaction”.

Mr Comerford insisted it was Mr Ryan who first referred to the orientation of his clientele at the club and the “pink pound”.

He admitted it was not said in Mr Ryan’s contract a breach of contract was a dismissible offence.

He said Mr Ryan was given the opportunity to give up his shares in the club but refused.

In its determination, the tribunal found that Mr Ryan had no previous disciplinary record and noted his other business did not interfere with his day-to-day position at the hotel.

The tribunal also noted Mr Ryan’s other business activity was 60km away from the hotel in Cork and while “his contract included a restrictive covenant, he was not advised that if it was breached, it could lead to his dismissal”.

The tribunal said it was satisfied the dismissal was unfair and that the claimant was unfairly dismissed.

It concluded that compensation of €25,333 was the “appropriate remedy” pursuant to provisions of the Unfair Dismissals Acts, 1977 to 2007.

Personal injuries solicitor accident compensation

By Kathryn Hayes Wednesday, April 24, 2013, Irish Examiner

Patrick Dunican was aged 73, and Thomas Spain was aged 71, when the two men received a letter, on the same day, from the Co Offaly civil defence officer advising them of their retirement from the organisation, “pursuant to Circular 7/91” and due to the fact both were over 70 years of age.

Offaly Civil Defence argued that the tribunal did not have the jurisdiction to investigate the case as both men were volunteers; the volunteer role was not grounded in contract law and did not create legal relations; and the complainants were not employees within the meaning of the acts.

However, acting on his father’s behalf, Michael Dunican pointed out that his father’s involvement with Civil Defence started in the 1960s and that he had been an instructor. His father would attend 30 to 40 events a year, each lasting between four and 10 hours.

He would receive payment of €19.95 for two hours and travel expenses. The payment was liable to income tax and the universal social charge.

Mr Spain’s involvement began in 1970 and he was promoted to instructor around 1979/1980. He would give a class every week, of between two and three hours duration, and occasionally participate in camp events which lasted an entire weekend. He taught the safe evacuation of buildings. He received the same payments as Mr Dunican.

A former civil defence officer, described as Mr C, said the instructors were expected to carry out their duties in person or, if they could not conduct a particular training session for any reason, they were obliged to notify the civil defence officer, who would organise a replacement instructor.

Equality officer Stephen Bonnlander said he was satisfied the fact the two men paid tax and the social charge, and that the work they carried out and the obligation they had to carry it out in person made the contract between the parties a contract of employment.

Mr Bonnlander said they was no dispute that age was the reason the pair’s employment was ended.

He said the retirements occurred when a new civil defence officer for the county reviewed member data and noticed the complainants were both over 70 and should, therefore, be retired according to the Civil Defence’s Office Notice.

“The Civil Defence Act 2002 does not identify a retirement age for civil defence members. The Office Notice, likewise, does not refer to ‘retirement’, but rather states that no member of the organisation can be enrolled if he or she is older than 65 years of age.”

Mr Bonnlander said the notice “does not really state how the age restrictions apply in terms of members who joined before the date it was issued. It only addresses this point in terms of who is considered to be a member of the organisation”. He also said it did not distinguish between instructors and volunteers or different roles to be carried out and was silent on whether its provisions apply to new members only or to all members.

He ruled that Offaly Civil Defence discriminated against Mr Dunican and Mr Spain when it retired them from the organisation without being able to offer an objective justification for the decision. “I therefore order that the respondent pay Mr Dunican and Mr Spain each €1,200, or slightly less than two years’ service as an instructor would have earned them at the time they were retired.”

This Article appeared in the Irish examiner on 23^rd April 2013 written by  Stephen Rogers

Aisling Connor, aged 37, told a Garda compensation hearing that on the night of Apr 27, 2007, she was member in charge for people in custody in Ashbourne Garda Station, Co Meath, when a “very aggressive and abusive” man was brought in by one of her colleagues.

Garda Connor, of Highmeadows, Duleek, Co Louth, told counsel Conor Kearney that as she and two colleagues were escorting him to his cell, he tried to headbutt her in the face.

Ms Justice Mary Irvine heard that the man became “extremely violent”, pushed Garda Connor against a wall and was punching and kicking, striking the three gardaí.

The man, who was eventually handcuffed and placed in the cell, was later charged and released.

Garda Connor, who received kicks to her shins and calves, said her left elbow was injured when she was pushed against the wall.

She had attended her GP two days later and X-rays revealed no fracture.

Mr Kearney said Garda Connor sustained soft tissue injuries to her legs and a nerve injury to her elbow. She had received physiotherapy and had been out of work for several weeks.

The court heard that Garda Connor was experiencing numbness along with pins and needles in her left hand when she flexed her elbow. She also had to give up playing basketball.

Ms Justice Irvine awarded her €24,000 compensation.

Accident Solicitors / personal injury solicitors

This Article appeared in the Irish examiner on 23^rd April 2013 written by  Ray Managh

The primary changes are outlined below and have been made effective for all applications considered from 10^th April 2013 onwards. It should be noted that any applications received before 10^th April will be processed in line with the revised rules which are inherently designed not to disadvantage such applications.

1. The Highly Skilled Occupations List (previously referred to as ‘eligible occupations list for Green Cards’) has been broadened and updated to correlate with known shortages of key skills in the labour market. Whereas before eligibility in respect of a particular job title was confined to a particular sector, the highly skilled eligible occupations are now permissible across all sectors in recognition that a particular skill in short supply will be experienced across all sectors which require that skill.

2. The labour market needs test i.e. the requirement for advertising with the Department of Social Protection’s employment services (previously referred to as FÁS) has been reduced from 8 weeks to 2 weeks and the requirement to advertise in a national newspaper has been reduced to 3 days. Whereas before there was a further requirement to advertise in a local newspaper there is now an option to advertise in a local newspaper or on a job’s website for 3 days.

3. The Ineligible Categories of Employment for Employment Permits list of occupations has been updated to cater for particular shortages in relation to certain occupations involving the necessity of being able to communicate in a non-European Economic Area language.

4. The employment permits applications forms have been amended to reduce the requirements to submit additional documentation. In tandem with this there will be greater focus on the random checking of employment permits by the National Employment Rights Authority (NERA) to ensure adherence to the relevant legislation.

5. An initiative has been taken by the Department  of Enterprise Trade and Innovation and the Department of Justice and Equality to provide a more coherent service across both the Employment Permits regime and the Visa regime. Certain categories of non-EEA immigration permission holders, who have been offered employment in an occupation included in the Highly Skilled Occupations List will now be allowed to apply for an Employment Permit, whilst already legally residing in the State. Also the Department of Justice and Equality (INIS) intends to facilitate job interviews for highly skilled candidates and provide measures to permit persons to be employed in the State on a short term basis i.e. between 14 and 90 calendar days. Further details are available on the Department of Justice and Equality (INIS) website.

6. Current holders of Intra-Corporate Transfer Provider Employment Permits and Contract Service Provider Employment Permits can now apply for other types of Employment Permit subject to the normal criteria.

7. The current employment permits website has been updated to improve information and customer service.

8. For IT graduates of foreign colleges and for technical or sales support roles with non-EEA language requirements, the remuneration threshold is reduced from the current €30k p.a. to €27k p.a. in respect of employment permits applications under the Work Permits category.

9. To assist clarity, income requirements will be based on ‘remuneration’ rather than ‘salary’ for all types of employment permits where items of remuneration are demonstrated on payslips or P60s.

10. The appeals process will be more efficient and transparent and will now, instead of reviewing the application afresh, only reference the stated reasons for a refusal as provided in a decision to refuse.

11. Changes have been made to our internal procedures to reduce the time it takes to process applications with a commitment to speeding up processing by at least 10 days.

12. To facilitate queries in relation to the new procedures, the Employment Permits call centre will extend its normal opening hours.

The Department of Enterprise Trade and Innovation has annouced that the  changes mark the beginning of a programme of change now underway. It is intended that over the course of the next 6 months further enhancements will include:

• the use of a single application form which will electronically guide the applicant through the form;

• migration of website information to a new platform and better information linkages with the relevant aspects of the Department of Justice and Equality’s visa regime;

• new Department of Justice and Equality pilot initiatives to be announced in the Summer;

• online querying of an Employment Permit application’s status; and

• expanding the availability of the telephone Call Centre.

In the medium term we are advised that the Department also intends to conduct a Business Process Re-engineering review of its processing system in light of proposed legislative changes and to facilitate the development of an online applications system.

The changes are engineered to ensure that Ireland has an attractive Employment Permits regime for employers and prospective employees to facilitate access to skilled foreign nationals in areas where there are demonstrable skills shortages especially in the ICT sector. The employment permits regime complements other Government initiatives especially in the education sector aimed at increasing the domestic supply of skilled labour and will therefore be adjusted accordingly over time as and when sufficient domestic supply becomes available.

By Sinnott Solicitors

The ICI said it favoured the recommendation of the Law Reform Commission in a report on jury service that would allow migrants to participate in an important aspect of Irish society.

The LRC has proposed jury panels should be based on the electoral registers for Dáil, local, and European elections to replace the legislation restricting jury service to Irish citizens.

The recommendation, if accepted, would allow other EU citizens and other residents who have a minimum residency of at least five years to sit on juries in Irish courts. It would add an extra 200,000 people to the existing list of those who qualify for jury service.

ICI chief executive Denise Charlton said any step which removed barriers that prevented migrants from participating fully in Irish life was to be welcomed.

“We believe this is important, not just as an equality issue, but it will also benefit the legal system by providing a jury panel which reflects the reality of Ireland today,” said Ms Charlton.

The LRC report addresses a number of issues raised about the current operation of jury service, particularly a widespread belief that jury panels are no longer representative of general society.

Under the Juries Act 1976, only Irish citizens are entitled to participate in jury service, while members of a large group of professions, including doctors, nurses, teachers, and public servants are excused from jury service. In contrast, Irish passport holders living in England are eligible for jury service there.

The LRC recommends that the blanket excusing of many professions should be replaced by legislation which allows individuals to be excused where they can demonstrate “good cause”.

It also proposes that jurors should be able to read, write, and speak English to the extent they can carry out their functions in court proceedings. It suggests such a reminder on language fluency should be issued when people are summoned for jury service.

Recognising the financial burden that jury service can impose on jurors and their employers, the LRC recommends that jurors should be entitled to a modest daily flat rate payment to cover travel and subsistence.

It also urged the Government to examine measures such as tax credits and insurance to alleviate the financial burden that jury service places on small businesses and the self-employed.

In reaction to concerns about the potential for jurors to find information about an accused online, the LRC recommends that juries should get a specific warning not to read about the case online during trials. It proposes that such action by a juror would constitute a criminal offence.

The LRC report, which contains a total of 56 recommendations, was formally launched by Supreme Court judge Adrian Hardiman in Dublin last night.

To address fears about attempts to interfere with jurors, the LRC recommends that the right to inspect the jury panel should be limited to being examined by legal advisers four days before the start of a trial.

By Seán McCárthaigh, Irish Examiner Reporter

The High Court has to assess future care costs for Elaine Lennon, aged 38, who can now only speak in a whisper, is a wheelchair user, and will require 24-hour care for the rest of her life because doctors failed to diagnose an infection in her brain.

A previous court sitting heard she would have been fine if a CT scan of her brain had been carried out in time.

She was 39 weeks pregnant at the time of her injury in 2007, when she almost died, and gave birth to a baby girl, Claudia.

Her counsel, Denis McCullough, yesterday told Ms Justice Mary Irvine that Ms Lennon now speaks slowly, and that it was a tragedy because she had been an accomplished opera singer. He said she needs 24-hour care.

Suing through her father John Lennon, Elaine, formerly of Newhaven Bay, Balbriggan, Co Dublin, brought the action against the HSE and Dr Patrick Ó Mathúna, a GP at Castle Mill Medical Centre, Balbriggan. Liability was admitted by both defendants.

It was alleged she arrived at the emergency department of Our Lady of Lourdes Hospital in Drogheda, Co Louth, on Feb 4, 2007, complaining of headaches.

She was later assessed by a midwife and underwent a caesarean section.

Ms Lennon continued to complain of headaches, neck stiffness, and was not responding to antibiotics. Doctors at the hospital twice queried whether she should have a CT scan but none was carried out. She was discharged on Feb 11 along with her baby, it was claimed.

She collapsed at her home on Feb 17 and had two seizures the next day.

Accident Solicitors Personal injuries solicitor

Wednesday, April 17, 2013  Irish Examiner By Ann O’Loughlin

Jennifer Somerville was employed by Gell Retail Ltd, now in liquidation, in Tallaght from Jul 19, 2010, to Mar 28, 2011.

During that time, she said, she had been praised by her store manager, identified at the hearing only as Mr G, for her continuously high sales. He had even suggested that she be promoted to assistant manager.

However, after Mr G left the company in Jan 2011, she said she heard no more about the promotion. She said that, after his departure, the store had managers from other stores standing in for short periods, including a woman identified as Ms N.

Ms Somerville told Ms N about her pregnancy on Mar 2, 2011. She was five weeks pregnant at that stage, but as they were about to carry out a stock-take, she was concerned about lifting heavy objects and climbing ladders in her condition. Ms N told the company’s general manager, identified as Mr S, about the pregnancy.

The next day, Ms Somerville was called to a meeting with Ms N, where she was reprimanded for having missed a section of stock and issued with a first written warning. Ms Somerville said she had no problem with the warning due to her mistake, but said that when she read the document, it contained references to previous warnings and to other concerns which she said were never raised with her and never took place. She refused to sign the document.

Ms Somerville said Ms N and Mr S asked her on a number of occasions if she would miss a lot of days during her pregnancy, about dates of appointments, and if she would return to work on a part or full-time basis.

The tribunal’s equality officer, Orla Jones, said it was “notable that the complainant advised the respondent of her pregnancy on Mar 2, the day before she was issued with the warning”.

On Mar 28, Ms Somerville received a phonecall telling her to come to another store for a meeting. She said that, on the call, Mr S told her she had breached company policy by using her mobile and the internet during work hours and that he was considering her dismissal.

She said she told Mr S at the meeting that she had only used her phone outside of her breaks with permission from her manager. She said she had only used the internet during her break or when the store was quiet and there was nothing to do and that she used the internet less than other staff. An assistant manager, identified as Mr W, gave evidence to the tribunal on internet usage and said staff were permitted to use the internet on their breaks or when the store was quiet and there was nothing to do in terms of stock duties.

Ms Jones said the first written warning and the dismissal for alleged performance issues was influenced by the pregnancy, and said compensation of €19,500 was “just and equitable”.

Equality Tribunal

By Stephen Rogers Irish Examiner Reporter

The payment will cover the needs of Arron Michael O’Keeffe for the next two years. Approving the settlement, Ms Justice Mary Irvine said that, in two years, the High Court will assess Arron’s needs annually.

Arron had sued the HSE though his mother, Helen O’Keeffe, of The Island, Kiskeam, Mallow, Co Cork, as a result of the circumstances surrounding his birth at Erinville Hospital, Western Rd, Cork, on Apr 11, 2006.

Ms Justice Mary Irvine was told that liability was conceded in the case.

It was claimed that the HSE was negligent and in breach of duty in that it failed to ensure continued and careful monitoring and observation of the condition of the baby and his mother following admission on Apr 11, 2006.

It was claimed that, because of the negligence by the HSE in the management of his mother’s pregnancy, induction of labour, and delivery, Arron suffered profound hypoxic insult, resulting in cerebralpalsy.

Denis McCollough SC said it was proposed to adjourn the case for two years when the remainder of Arron’s care needs can be assessed by the court at that stage.

Mr McCollough said liability was conceded in the case and it would be before the court for assessment of damages only.

Arron, he said, had been substantially damaged and was living in a house which was entirely unsuitable for his needs.

Ms Justice Mary Irvine said she could not stop smiling at Arron who was in court in a wheelchair, because he was so charming.

Mr McCollough said Arron was a very cheerful child and was a “bright spark”.

The court heard Ms O’Keeffe had been admitted to Erinville Hospital on Apr 11, 2006, for planned induction of labour.

A cardiotocograph trace was started before 8am and showed abnormalities in the foetal heartbeat.

At about 1.30pm, a decision was made to deliver by emergency caesarean section, but when Arron was born over an hour later, he was in a very poor condition and required vigorous resuscitation.

Ms O’Keeffe told the court she was happy with the settlement and that Arron’s main concern of the day was that he had travelled by train from Cork.

Ms Justice Orvine said it was an excellent settlement.

While money would never replace Arron’s health it was a very good settlement with the interim sum available to care for Arron’s needs, said Ms Justice Orvine.

Prior to this, she said there was always the risk that the person injured would live longer than calculated at the time of settlement.

She said that it was a great comfort to Ms O’Keeffe that Arron will have an annual sum to draw on going forward.

“You have an ideal settlement and I have no hesitation in approving it,” said the judge.

The judge wished Arron and his mother well for the future.

By Ann O’Loughlin

At Ennis Circuit Court, Judge Tom O’Donnell ordered former Sinn Féin councillor in Shannon Mike McKee, of HT Promotions, Shannon, Co Clare, to pay Kyiah Moloney, now aged 15, of 110 Clancy Park, Ennis, €12,500 in general damages and an additional €630 in special damages.

Judge O’Donnell also ordered Mr McKee, who denied liability, to pay the costs of the case.

Judge O’Donnell said he was satisfied that the inflatable slide deflated due to defective repairs being carried out on a tear in the slide days previous.

Ms Moloney, suing through her mother, Jacinta Moloney, told the court that she was attending the birthday party of Ennis NS classmate Kate Murray at her home at Carnelly Woods, Clarecastle, on Jun 8, 2008.

Aged 11 at the time of the incident, Ms Moloney said she was at the top of the slide when she felt the slide deflating and fell down, breaking her wrist.

She said that her arm was in a cast for six weeks after the incident.

The home is the property of well-known Shannon businessman and chief executive of IT firm Piercom, Frank Murray.

A witness to the fall, Mr Murray told the court that “a cry went out that the slide was deflating. As a result of that, kids started to leave the slide. I was then called over as some of the children were saying that Kyiah had hurt her hand.”

Mr Murray said that he inspected the deflated slide and said that he photographed a tear on the slide that had been stitched over.

Mr Murray said Kyiah was brought to hospital by her grandmother.

In evidence, Mr McKee said he has been in business 15 years and “this is the first time that anything like this happened”.

Mr McKee said that the inflatable slide, hired out on the day for €200, was purchased in March or April 2008 and had been used only 13 to 14 times before the birthday party.

Mr McKee said that the repaired tear would not have been the cause of the inflatable slide deflating.

“Deflating it takes at least 20 minutes forcibly removing air out of it,” he said. “Without forcibly removing the air, it would take a lot longer.”

Mr McKee explained that the inflatable slide was compartmentalised like the hull of a ship.

“The tear would not render the slide unusable and it would not collapse,” he said.

In his ruling, Judge O’Donnell said that Ms Moloney had been “exceptional truthful in her evidence and the manner in which she recounted the incident”.

Judge O’Donnell said the site of the particular repair was a sizeable site and deflation was caused by defective repairs.

“It has been suggested that any damage was more than likely caused by abuse,” said Judge O’Donnell.

“I am satisfied that there is no evidence of abuse at all, there is supposition and proposition, but no hard evidence.”

Judge O’Donnell said the terms and conditions attached to the operation of the inflatable slide were not adequate.

He said that the injury sustained by Ms Moloney was not a bad one, and awarded €12,500.

Counsel for Ms Moloney, Pat Whyms, said that the judge had assessed damages in the case conservatively.

Speaking after the case, Mr McKee said that he was disappointed with the outcome and has yet to decide if he will appeal the ruling.

By Gordon Deegan, Irish Times