Chat Forum
It is currently Sat Sep 22, 2018 7:41 pm

All times are UTC [ DST ]




Post new topic Reply to topic  [ 4087 posts ]  Go to page Previous  1 ... 96, 97, 98, 99, 100, 101, 102, 103  Next
Author Message
PostPosted: Mon Aug 13, 2018 10:26 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 52415
anonymous_joe wrote:
Sorry, I said most malpractice is incompetence and sometimes it's more serious and involves dishonesty, such as occurred here. Is that somehow revelatory?

Professional negligence is almost always incompetence, be it lawyers, doctors, or anybody else. When dishonesty kicks in, it's treated much more harshly, as one would expect.


If you look at cam's post, you'll note dishonesty is very much implied and assumed, indeed it's explicitly mentioned in the second paragraph. Hence the reaction to you seeming to dismiss his point. Not helped by your less than conclusive posts previously as to where you stand on the most suitable punishment for this guy.


Top
 Profile  
 
PostPosted: Mon Aug 13, 2018 10:38 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 52415
Jonno

At best AJ responded to a point that wasn't made. Hence labeling it nonsensical.


Top
 Profile  
 
PostPosted: Tue Aug 14, 2018 2:43 pm 
Offline
User avatar

Joined: Wed Aug 01, 2018 1:16 pm
Posts: 30
anonymous_joe wrote:
It's pretty much impossible to fire somebody properly under the law here.


Workplace relations commission report for 2017 has some numbers on Labour Court appeals of unfair dismissal cases:

They heard 61 cases in 2017, 34 of which were appeals by workers. Its a fair assumption that these are cases where someone was dimissed, took their case, and the dismissal was upheld, then decided to appeal that decision. in one case both parties appealed, the rest are employers appealing. So of cases appealed to the labour court, the majority would appear to be workers whose dismissals have been upheld by the adjudication officer.

However, when a case gets to the Labour Court hearing:

24 upheld
21 overturned
16 varied (presume this is sticking with the original decision but changing the terms a bit)

So more workers than employers are unhappy enough to appeal (maybe employers give up when they don't get a result at adjudication) and more appeals stick with the original decision (albeit some with changed terms) than not, athough having a third completely binned is pretty bad.

No view of how many intitial adjudications go one way or the other, or what proportion go to the appeal stage.

Not impossible then.


Top
 Profile  
 
PostPosted: Tue Aug 14, 2018 5:08 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 4450
Gardai in the Deirdre Jacobs case have said that there is a person of interest who spent time in prison for violent assaults on women and is now living abroad. I wonder who that could be?


Top
 Profile  
 
PostPosted: Tue Aug 14, 2018 5:18 pm 
Online

Joined: Tue Jan 31, 2012 11:05 am
Posts: 33143
Location: Pigdogistan
Liathroidigloine wrote:
Gardai in the Deirdre Jacobs case have said that there is a person of interest who spent time in prison for violent assaults on women and is now living abroad. I wonder who that could be?


Named for a Fr. Ted character?


Top
 Profile  
 
PostPosted: Tue Aug 14, 2018 5:30 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 4450
Nolanator wrote:
Liathroidigloine wrote:
Gardai in the Deirdre Jacobs case have said that there is a person of interest who spent time in prison for violent assaults on women and is now living abroad. I wonder who that could be?


Named for a Fr. Ted character?


Yes and also a poster from this parish.


Top
 Profile  
 
PostPosted: Tue Aug 14, 2018 6:10 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21376
The Prophet Zarquon wrote:
anonymous_joe wrote:
It's pretty much impossible to fire somebody properly under the law here.


Workplace relations commission report for 2017 has some numbers on Labour Court appeals of unfair dismissal cases:

They heard 61 cases in 2017, 34 of which were appeals by workers. Its a fair assumption that these are cases where someone was dimissed, took their case, and the dismissal was upheld, then decided to appeal that decision. in one case both parties appealed, the rest are employers appealing. So of cases appealed to the labour court, the majority would appear to be workers whose dismissals have been upheld by the adjudication officer.

However, when a case gets to the Labour Court hearing:

24 upheld
21 overturned
16 varied (presume this is sticking with the original decision but changing the terms a bit)

So more workers than employers are unhappy enough to appeal (maybe employers give up when they don't get a result at adjudication) and more appeals stick with the original decision (albeit some with changed terms) than not, athough having a third completely binned is pretty bad.

No view of how many intitial adjudications go one way or the other, or what proportion go to the appeal stage.

Not impossible then.

I'm just going on my employment law mate. He's got a checklist of about ten steps that are conceivably required and most employers will miss at least one. It's a shame those figures from the Labour Court don't breakdown the upheld, allowed or varied by Employee/Employer.


Top
 Profile  
 
PostPosted: Tue Aug 14, 2018 9:37 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 27695
Liathroidigloine wrote:
Nolanator wrote:
Liathroidigloine wrote:
Gardai in the Deirdre Jacobs case have said that there is a person of interest who spent time in prison for violent assaults on women and is now living abroad. I wonder who that could be?


Named for a Fr. Ted character?


Yes and also a poster from this parish.


For what it is worth I heard years ago that a certain person like that did it off a journo years ago.


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 9:45 am 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21376
The Indo named him on the front page.


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 9:54 am 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 20532
Yeah the Indo aren't really bothered.


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 9:55 am 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21376
He can't get a fair trial here anyway.


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 9:56 am 
Online

Joined: Tue Jan 31, 2012 11:05 am
Posts: 33143
Location: Pigdogistan
anonymous_joe wrote:
The Indo named him on the front page.

Spoiler: show
Image

Hard to miss, all right!


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 10:47 am 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 15742
Nolanator wrote:
anonymous_joe wrote:
The Indo named him on the front page.

Spoiler: show
Image

Hard to miss, all right!


Is it Nick Squires or Tom Brady?


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 5:22 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 52415
anonymous_joe wrote:
He can't get a fair trial here anyway.


What happens if/when they have enough evidence to charge him? I agree, he's unlikely to get a fair trial (unless he had an airtight alibi, I'd say he'd be convicted without anyone even hearing evidence!). So how can the state mount a successful prosecution in these circumstances?


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 5:54 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 42471
anonymous_joe wrote:
He can't get a fair trial here anyway.

Why not ?

The CCTV pictures of Ben Stokes knocking a couple of lads out did not affect the jury against him.

The press brouhaha about Jackson and Olding didn't affect the jury against them.

In criminal cases the jury can and do rely solely on the evidence given in court.


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 6:10 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 25029
camroc1 wrote:
anonymous_joe wrote:
He can't get a fair trial here anyway.

Why not ?

The CCTV pictures of Ben Stokes knocking a couple of lads out did not affect the jury against him.

The press brouhaha about Jackson and Olding didn't affect the jury against them.

In criminal cases the jury can and do rely solely on the evidence given in court.


How on Earth are you comparing those guys to Larry Murphy? A jury is hardly going to be predisposed to convicting a popular sports star.


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 7:00 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21976
danthefan wrote:
camroc1 wrote:
anonymous_joe wrote:
He can't get a fair trial here anyway.

Why not ?

The CCTV pictures of Ben Stokes knocking a couple of lads out did not affect the jury against him.

The press brouhaha about Jackson and Olding didn't affect the jury against them.

In criminal cases the jury can and do rely solely on the evidence given in court.


How on Earth are you comparing those guys to Larry Murphy? A jury is hardly going to be predisposed to convicting a popular sports star.

Yeah, bit unfair on Ben Stokes


Top
 Profile  
 
PostPosted: Wed Aug 15, 2018 9:20 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21376
Fúck's sake. :lol:

Larry Murphy is the most notorious criminal in Ireland, save, perhaps, the Hutches and Kinihans and Slab Murphy.


Top
 Profile  
 
PostPosted: Thu Aug 16, 2018 7:55 pm 
Offline
User avatar

Joined: Wed Aug 01, 2018 1:16 pm
Posts: 30
anonymous_joe wrote:
The Prophet Zarquon wrote:
anonymous_joe wrote:
It's pretty much impossible to fire somebody properly under the law here.


Workplace relations commission report for 2017 has some numbers on Labour Court appeals of unfair dismissal cases:

They heard 61 cases in 2017, 34 of which were appeals by workers. Its a fair assumption that these are cases where someone was dimissed, took their case, and the dismissal was upheld, then decided to appeal that decision. in one case both parties appealed, the rest are employers appealing. So of cases appealed to the labour court, the majority would appear to be workers whose dismissals have been upheld by the adjudication officer.

However, when a case gets to the Labour Court hearing:

24 upheld
21 overturned
16 varied (presume this is sticking with the original decision but changing the terms a bit)

So more workers than employers are unhappy enough to appeal (maybe employers give up when they don't get a result at adjudication) and more appeals stick with the original decision (albeit some with changed terms) than not, athough having a third completely binned is pretty bad.

No view of how many intitial adjudications go one way or the other, or what proportion go to the appeal stage.

Not impossible then.

I'm just going on my employment law mate. He's got a checklist of about ten steps that are conceivably required and most employers will miss at least one. It's a shame those figures from the Labour Court don't breakdown the upheld, allowed or varied by Employee/Employer.



it is, and yeah, seems to be process related findings for overturning a "fair dismissal" minding at adjudication. which is shocking, because the adjudicators ought to be picking up process flaws. Still though, even with the numbers we have, it suggests more successful dismissals even on appeal than the media reports suggest. An upheld appeal isn't sexy news.


Top
 Profile  
 
PostPosted: Thu Aug 16, 2018 8:04 pm 
Offline
User avatar

Joined: Wed Aug 01, 2018 1:16 pm
Posts: 30
CM11 wrote:
anonymous_joe wrote:
He can't get a fair trial here anyway.


What happens if/when they have enough evidence to charge him? I agree, he's unlikely to get a fair trial (unless he had an airtight alibi, I'd say he'd be convicted without anyone even hearing evidence!). So how can the state mount a successful prosecution in these circumstances?


Could he be tried in the Special Criminal Court? Genuine question.

Constitutionally it exists to try cases where justice cannot be effectively administered. Theres a schedule of offences (terrorism, organised crime) that it can be used for, but the AG can certify that a non-scheduled offence cannot be effectively tried in the Criminal Courts and it can then be used (I think). If not, a quick Statutory Instrument might be in order.

I know its unpopular with the Shinners and Civil Liberties crowd, but seems to be the only way to actually administer justice in a case like this.


Top
 Profile  
 
PostPosted: Thu Aug 16, 2018 9:24 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21376
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.


Top
 Profile  
 
PostPosted: Thu Aug 16, 2018 9:30 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 42471
anonymous_joe wrote:
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.

Trust the fúcking jurors, or else go to a Napoleanic type system. You can't have it both ways.


Top
 Profile  
 
PostPosted: Thu Aug 16, 2018 9:35 pm 
Offline
User avatar

Joined: Wed Aug 01, 2018 1:16 pm
Posts: 30
anonymous_joe wrote:
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.


OK, but the SCC isn't just for cases where the jury might be compromised.

In other news:
https://www.independent.ie/irish-news/c ... 22652.html

A win for Transdev in the Labour court. They said it couldn't be done.....


Top
 Profile  
 
PostPosted: Thu Aug 16, 2018 9:35 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 27695
Never heard of him. Stick me on the jury


Top
 Profile  
 
PostPosted: Thu Aug 16, 2018 9:59 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 52415
anonymous_joe wrote:
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.


So how do we prosecute him? We don't?


Top
 Profile  
 
PostPosted: Fri Aug 17, 2018 9:56 am 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21376
If he's charged they'll find a way.


Top
 Profile  
 
PostPosted: Fri Aug 17, 2018 10:23 am 
Online
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 11256
Sorry if RR, ticket inspector allegedly call Paki barsteward sacked for throwing a punch.Though he was given training in conflict resolution I feel he should have been given a desk job or supported in some way.
Who is going to do their job of making the little feckers pay their fare.
https://www.irishtimes.com/news/crime-a ... -1.3598291


Top
 Profile  
 
PostPosted: Fri Aug 17, 2018 10:59 am 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21376
The Prophet Zarquon wrote:
anonymous_joe wrote:
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.


OK, but the SCC isn't just for cases where the jury might be compromised.

In other news:
https://www.independent.ie/irish-news/c ... 22652.html

A win for Transdev in the Labour court. They said it couldn't be done.....

Serial killing isn't really against the OASA


Top
 Profile  
 
PostPosted: Fri Aug 17, 2018 11:49 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21976
The Prophet Zarquon wrote:
anonymous_joe wrote:
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.


OK, but the SCC isn't just for cases where the jury might be compromised.

In other news:
https://www.independent.ie/irish-news/c ... 22652.html

A win for Transdev in the Labour court. They said it couldn't be done.....

Kind of felt a bit sorry for the lad there. They take an obscene amount of shite, especially on the red line.


Top
 Profile  
 
PostPosted: Sat Aug 18, 2018 8:55 am 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 52415
Uncle Fester wrote:
The Prophet Zarquon wrote:
anonymous_joe wrote:
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.


OK, but the SCC isn't just for cases where the jury might be compromised.

In other news:
https://www.independent.ie/irish-news/c ... 22652.html

A win for Transdev in the Labour court. They said it couldn't be done.....

Kind of felt a bit sorry for the lad there. They take an obscene amount of shite, especially on the red line.


Yup. And they just have to take it without any repercussions for the scumbags. Couldn't imagine having to go through that every day.


Top
 Profile  
 
PostPosted: Sat Aug 18, 2018 8:56 am 
Offline
User avatar

Joined: Wed Aug 01, 2018 1:16 pm
Posts: 30
anonymous_joe wrote:
The Prophet Zarquon wrote:
anonymous_joe wrote:
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.


OK, but the SCC isn't just for cases where the jury might be compromised.

In other news:
https://www.independent.ie/irish-news/c ... 22652.html

A win for Transdev in the Labour court. They said it couldn't be done.....

Serial killing isn't really against the OASA


the offence does not have to be scheduled by the OASA. From Citizens Advice:
Rules
The Special Criminal Court has no civil jurisdiction. Criminal cases are transferred from the ordinary criminal courts to the Special Criminal Court if:

The offence in question is a scheduled offence. [big chunk deleted as irrelevant]
- offences under the Offences against the State Acts 1939 to 1998
[b]The offence in question is not a "scheduled offence" but the Director of Public Prosecutions issues a certificate......

I Concede it's probable that the DPP wouldn't do this as it seems there has to be both an issue with the admin of justice and a threat to peace and order.


Top
 Profile  
 
PostPosted: Sat Aug 18, 2018 9:07 am 
Online
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 11256
CM11 wrote:
Uncle Fester wrote:
The Prophet Zarquon wrote:
anonymous_joe wrote:
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.


OK, but the SCC isn't just for cases where the jury might be compromised.

In other news:
https://www.independent.ie/irish-news/c ... 22652.html

A win for Transdev in the Labour court. They said it couldn't be done.....

Kind of felt a bit sorry for the lad there. They take an obscene amount of shite, especially on the red line.


Yup. And they just have to take it without any repercussions for the scumbags. Couldn't imagine having to go through that every day.

A buddy of mine did that for a while and loved it, he made the mistake of leaving and soon the new job went to shít.


Top
 Profile  
 
PostPosted: Sat Aug 18, 2018 1:16 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 21376
The Prophet Zarquon wrote:
anonymous_joe wrote:
The Prophet Zarquon wrote:
anonymous_joe wrote:
Nah, not a hope. He's a rapist and probably a serial killer, but he's not a threat to jurors or anything.


OK, but the SCC isn't just for cases where the jury might be compromised.

In other news:
https://www.independent.ie/irish-news/c ... 22652.html

A win for Transdev in the Labour court. They said it couldn't be done.....

Serial killing isn't really against the OASA


the offence does not have to be scheduled by the OASA. From Citizens Advice:
Rules
The Special Criminal Court has no civil jurisdiction. Criminal cases are transferred from the ordinary criminal courts to the Special Criminal Court if:

The offence in question is a scheduled offence. [big chunk deleted as irrelevant]
- offences under the Offences against the State Acts 1939 to 1998
[b]The offence in question is not a "scheduled offence" but the Director of Public Prosecutions issues a certificate......

I Concede it's probable that the DPP wouldn't do this as it seems there has to be both an issue with the admin of justice and a threat to peace and order.

Been a long time since I've studied criminal law but I'm not aware of any such certs being handed out against people who aren't connected to the IRA or a drug gang.


Top
 Profile  
 
PostPosted: Wed Aug 22, 2018 10:00 am 
Online

Joined: Tue Jan 31, 2012 11:05 am
Posts: 33143
Location: Pigdogistan
http://www.thejournal.ie/lidl-looted-ro ... 4-Aug2018/

That Lidl that was destroyed by looting scumbags during the storm earlier in the year is due to re-open soon, but thieves just lifted a load of copper piping and wiring from the site.


"Culture", I'm sure.


Top
 Profile  
 
PostPosted: Wed Aug 22, 2018 10:32 am 
Online
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 11256
Stabbing.
https://www.independent.ie/irish-news/c ... 40591.html


Top
 Profile  
 
PostPosted: Wed Aug 22, 2018 10:35 am 
Online

Joined: Tue Jan 31, 2012 11:05 am
Posts: 33143
Location: Pigdogistan
lorcanoworms wrote:

Just read that on the Journal. They didn't mention that the 8 year old was the stabber. :uhoh:

That's right beside where I used to live. :thumbup:


Top
 Profile  
 
PostPosted: Tue Aug 28, 2018 5:23 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 4450
https://www.independent.ie/irish-news/c ... 60501.html

She worked in the place for 6 weeks.


Top
 Profile  
 
PostPosted: Tue Aug 28, 2018 11:18 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 6989
Liathroidigloine wrote:
https://www.independent.ie/irish-news/courts/caf-which-discriminated-against-pregnant-worker-ordered-to-pay-15k-damages-37260501.html

She worked in the place for 6 weeks.



During the downturn in the economy my brother had to let 4 people go at his solicitors office. They sued on the basis of religious and sexual discrimination as a joint suit. Fortunately the 4 comprised men, women, catholics and protestants and was thrown out. My brother reckoned that if they had lodged individual suits they probably would have won but their fk up assured him he had got rid of the right people.


Top
 Profile  
 
PostPosted: Tue Aug 28, 2018 11:24 pm 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 42471
MrJonno wrote:
Liathroidigloine wrote:
https://www.independent.ie/irish-news/courts/caf-which-discriminated-against-pregnant-worker-ordered-to-pay-15k-damages-37260501.html

She worked in the place for 6 weeks.



During the downturn in the economy my brother had to let 4 people go at his solicitors office. They sued on the basis of religious and sexual discrimination as a joint suit. Fortunately the 4 comprised men, women, catholics and protestants and was thrown out. My brother reckoned that if they had lodged individual suits they probably would have won but their fk up assured him he had got rid of the right people.

Even I don't think that WRC judges are real judges.

The Labour Court system(shorthand) was set up to give workers a few bob for being let go without a redundancy payment.


Top
 Profile  
 
PostPosted: Wed Aug 29, 2018 7:31 am 
Offline
User avatar

Joined: Tue Jan 31, 2012 11:05 am
Posts: 4450
camroc1 wrote:
MrJonno wrote:
Liathroidigloine wrote:
https://www.independent.ie/irish-news/courts/caf-which-discriminated-against-pregnant-worker-ordered-to-pay-15k-damages-37260501.html

She worked in the place for 6 weeks.



During the downturn in the economy my brother had to let 4 people go at his solicitors office. They sued on the basis of religious and sexual discrimination as a joint suit. Fortunately the 4 comprised men, women, catholics and protestants and was thrown out. My brother reckoned that if they had lodged individual suits they probably would have won but their fk up assured him he had got rid of the right people.

Even I don't think that WRC judges are real judges.

The Labour Court system(shorthand) was set up to give workers a few bob for being let go without a redundancy payment.


But after working for 6 weeks?


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4087 posts ]  Go to page Previous  1 ... 96, 97, 98, 99, 100, 101, 102, 103  Next

All times are UTC [ DST ]


Who is online

Users browsing this forum: bessantj, Big Nipper, bimboman, Bing [Bot], booji boy, Conn, Diego, eldanielfire, Floppykid, Ghost-Of-Nepia, Google [Bot], Gospel, hermie, Lacrobat, Leffe, Lenny, lorcanoworms, malky, Mick Mannock, mr bungle, Nolanator, Oxbow, penguin, Saint, Short Man Syndrome, TranceNRG and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Search for:
Jump to:  
Powered by phpBB® Forum Software © phpBB Group