Month: April 2018

Toddler Awarded €1,500 Over Accident That Killed Sister Before He Was Born

A 23-months-old child, who had not been conceived when his older sister was died in a hit-and-run accident in Dublin’s Phoenix Park on April 6, 2015, was Tuesday awarded €1,500 personal injury compensation for her death.

One year and 47 days after his sister Vanessa died, Marcel Siatka was born on May 24, 2016.

Representing the Siatka family, Barrister Conor Kearney advised Judge Terence O’Sullivan in the Circuit Civil Court that the Injuries Board had assessed damages of €42,777 to be split between between Vanessa’s surviving family and to incorporate the cost of her funeral.

Mr Kearney said the Injuries Board had not, in its final assessment, took into account compensation for Marcel as he had not been born when the accident occurred.

Judge O’Sullivan heard that, in line with the Civil Liability Act, Mr Siatka had taken a claim on behalf of members of his family, including Marcel.  Mr Siatka, resident at Brandon Square, Waterville, Blanchardstown, Dublin 15, said Vanessa had a brother born more than a year after her death, who was not taken into account in the final assessment.

Mr Kearney referred to the fact that the court had to approve the assessment and the parents had stated they had no difficulty for compensation, as decided by the court, being shared with Marcel. Judge O’Sullivan said it was not a nice duty to split money between family members but he was of the belief that it was appropriate to mark the fact that Marcel would undoubtedly ask questions about his sister in future and would encounter some grief in relation to her death.

He said the €6,000 allocated to the three grandparents should be reduced to €1,500 each so as to allow for Marcel also receiving €1,500 and he directed that Marcel’s money be paid into court to his future benefit.  He offered the court’s sympathy with the family.

Injured Tesco Security Guard Awarded €32,000 for Workplace ‘Victimisation’

A Tesco Security Guard has had a €32,000 workplace bullying compensation pay out ordered due to be paid to him by the Workplace Relations Commission (WRC) overturned at the Labour Court.

The man was working with Noonan Services Group Limited at the Tesco store in Co Limerick, a retail unit 40,000 square feet big.

The initial payout was in relation to a complaint over a dispute the man entered into at the store as he recovered from knee surgery sustained in a workplace accident that occurred at a different place of work.

His work involved a period, during his shift at the Tesco store, sit in a chair at a bank of security cameras in order to oversee the activity in the store.

As part of store policy this chair was taken away in order to tackle ‘shrinkage’. This refers to the stealing of articles from the shop floor. The though was that this would force security staff to walk the aisles instead of sitting at the camera-station.

He complained about this and asked for the chair to be brought back, he says his request was refused. He also presented medical testimony that said standing for the duration of his ten-hour shift he would severely affect his recovery from the surgery on his knee.

In November 2015, he ceased working at the Tesco outlet and did not return to work there.

The WRC had initially awarded him €32,000, €16,000 for loss of wages due to going on extended leave, and another €16,000 due to his alleged victimisation.

Tesco had objected during the hearing on the basis that Noonan’s were employing the man and not Tesco. The initial decision by the WRC adjudication officer stated that it was correct to name Tesco as the respondent as the store exerted considerable command and control over the man, regarding annual leave applications and the delivery of security reports for example.

The retailer claimed argued that Noonan is not an employment agency per se, as had been argued earlier, but is ‘a provider of managed services’. It claimed, successfully, that neither the Temporary Agency Work Act 2012, nor the Employment Agency Act 1971, applied to such providers of managed services.

In line with this the court overturned the original decision to award the man €32,000 in personal injury compensation.