Employment Case Review: Application to dismiss personal injury claim refused

A significant decision has issued in which the High Court refused an application to dismiss a plaintiff’s personal injury claim despite the existence of a compromise agreement which expressly provided for a full and final settlement of all claims.

From Leman Solicitors:

“Had the plaintiff taken legal advice (as the agreement claims she did) then the defendant may have been entitled to rely on the waiver contained in the agreement. Absent such advice, the question arises whether the defendant was required to take proactive steps to advise its employee of the benefit of such advice and/or ensure that she did take it or if she chose not to, that she understood any compromise of her entitlements that may be included in that agreement.”

By Amy McNicholas, Leman Solicitiors, 10th February 2022

BACKGROUND

Ms Hennessy (the “Plaintiff”) was employed by Ladbrokes (Ireland) Limited (the “Defendant”) as a customer service manager from 22 April 1998 until her employment ended, due to redundancy, on 11 August 2015.

At the time, the Plaintiff signed a Compromise Agreement (the “Agreement”) which included a clause that precluded her from issuing or pursuing “any proceedings or claim of any nature whatsoever” against the Defendant.

On 6 April 2016, some eight months after signing the Agreement, the Plaintiff lodged an application with the Personal Injuries Assessment Board (PIAB). A personal injury summons subsequently issued against the Defendant claiming damages for injuries to the Plaintiff’s shoulders. The Plaintiff alleged that she was repeatedly required to engage in repetitive movements and worked in unsuitable conditions.

To read the full case study please visit:
https://thoughtleadership.leman.ie/post/102higt/employment-case-review-application-to-dismiss-personal-injury-claim-refused

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