Síle O’Kelly Merrick BL

Síle’s practice is in every aspect of employment law, involving unfair dismissal, discrimination, redundancy, fair procedures, large number of High Court bullying and stress claims.

Disciplinary investigations. See (Advice on grievance and disciplinary issues).

Bullying case of Maher v Jabil Global Services [2005] ELR 233 [2008]1IR 25 one of the earliest reported cases. She has done several since then. Síle has appeared at every level of the Irish Courts, the Court of Appeal and Supreme Court. She has very extensive experience in the Employment Appeals Tribunal, the Workplace Relations Commission and Labour Court. Síle is a very effective negotiator and has been instrumental in settling many claims.

For many years She was regularly briefed on behalf of members of the Irish National Teachers Organisation for many years. Lennon v Health Service Executive [ 2015] 1 IR 92 involved two complex judicial reviews to challenge fair procedures. A defamation claim which arose from the case. The defendants obtained a High Court Order effectively denying the plaintiff his right to a jury trial this was challenged and successfully in the Court of Appeal.

There were several aspects to this case involving separate court appearances.  There were many instances of disciplinary cases involving teachers and these involved fair procedures.

Workplace Investigations

Síle has undertaken workplace investigations on behalf of employers. These involved detailed interviews with witnesses and preparation of reports and recommendations in respect of her findings. Sile has represented and advised employees in relation to in-house disciplinary investigations when their position is at stake.

At all times Síle has taken on cases requiring considerable research into difficult concepts. For example, whether trustees of an employee pension scheme owed a duty to employees when they had failed to ensure that the employer had made full contributions to the scheme. Ryan v South Eastern Cattle Breeders Society and Ger Ryan & Others (trustees) 2011/1864P IRN 21 November 2012.

Currently Síle is acting in complex GDPR proceedings which centre on the obligation of a statutory body to keep proper records in relation to a qualified employee which is subject to its regularity and safety supervision.

• A disciplinary charge against an in-house accountant as regards concerns raised by him in respect of the manner in which certain earning were treated as tax.
• Ongoing proceedings in respect of a bus driver who suffered PTSD following an accident. He was dismissed on health grounds and did not receive counselling at the time.
• Opinions on aspects of GDPR matters arising from misuse by an employee who was a whistle blower. Negotiated a complex compromise settlement.
• Conducted several in-house disciplinary investigation on behalf of an employer.
• Defamation Law
• Appeal from an order of the High Court directing that the appellant’s defamation proceedings and juridical review proceedings be listed together for hearing before a judge without a jury. The appeal is reported in the Irish Reports [2015] 1 IR 92.

• Nursing Law (co-author) Butterworths 1994

Between 1990 – 1996

Lectured in Nursing Law to student nurses in Meath, Adelaide Hospital St James and Tallaght Hospitals. (now attending university)

Lecture to Employment Bar Association on 10 April 2019 on ‘Suing for a Data Breach – a Guide’.