Cathy Smith SC

Cathy is a Senior Counsel and Member of the Inner Bar of the Bar of Ireland. She has specialised for many years in the fields of Employment and Equality Law to include Irish and European Law. She has represented clients before the specialist employment bodies and in the Circuit Court, High Court, Court of Appeal, Supreme Court and the Court of Justice of the EU. She also has significant experience in Commercial, Insolvency and Pensions Law, while in practice at the Bar which has built on her prior commercial and legal experience in Smurfit Kappa, BDO Ireland, IDA Ireland, Coyle Hamilton, Dresdner Bank (New York) and the New South Wales Office of the Attorney General, Sydney Australia.

She is a CEDR Certified Mediator and has a busy practice mediating employment and commercial disputes.

She is a member of the Chartered Institute of Arbitrators and sits as arbitrator in financial and banking arbitrations. She is a member of the Company Law Review Group. She has basic French and German (degree level).

Disability Discrimination

• Daly v Nano Nagle School [2019] 30 E.L.R. 221. Supreme Court. Disability Discrimination – Reasonable Accommodation – EU Law – United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) (Counsel for the Irish Human Rights and Equality Commission, the amicus curiae)
• Z v A Government Department (Court of Justice of the EU) [2014] 3 C.M.L.R 407 [2014] I.R.L.R 563 Employment rights – Maternity Leave and Benefits – Surrogacy – Equal Treatment – Gender – Pregnancy – Disability Discrimination. (Counsel for the State)
• Sofiya Kalinova v Permanent TSB ADJ-00026607 Workplace Relations Commission 20 June 2022 Disability Discrimination – Irish Sign Language. (Counsel for Complainant)

 Gender and Pregnancy Discrimination

• O’Rourke v Minister for Defence ADJ-00007375. Discrimination – Pregnancy – Gender – Defence Forces – Redress of Wrongs. (Counsel for Complainant)
• G v Minister for Social Protection (High Court) [2015] 4 I.R. 167. Maternity Benefit – Social Welfare – Disability – Remedial Statute. (Counsel for the Respondent)

Age Discrimination

• McLoughlin v The Labour Court [2022] The High Court. Mandatory Retirement – Civil Service – Equality – Protected Disclosures – Unfair Dismissal – Res Judicata. (Counsel for Respondent)

Protected Disclosures Act 2014

• Hosford v Minister for Employment Affairs and Social Protection [2022] IEHC 223 (High Court and [2021] IECA 335 Court of Appeal. Whistleblowing – Appeal from decisions made under the Workplace Relations Act, 2014. (Counsel for Respondent)

Education and Employment

• Minister for Education and Skills v Anne Boyle (Supreme Court) [2018] IESC 52. Employment relationship between teachers and the state – pension entitlements – Protection of Employees (Part-Time Work) Act, 2001

Status of Employment

• Minister for Agriculture and Food v Barry (High Court) [2009] 1 I.R. 215. Redundancy – Minimum Notice – Contract of Service – Contract for Service – Mutuality of Obligation. (Counsel for the Minister)

EU Law

• Z v A Government Department (Court of Justice of the EU) [2014] 3 C.M.L.R 407 [2014] I.R.L.R 563 Employment rights – Maternity Leave and Benefits – Surrogacy – Equal Treatment – Gender – Pregnancy – Disability Discrimination. (Counsel for the State)
• C.D. v S.T. (Court of Justice of the EU) [2014] I.C.R. D26. Employment rights – Maternity Leave and Benefits – Surrogacy – Equal Treatment – Gender – Pregnancy – Disability Discrimination. (Counsel for the State in an intervening capacity)

Pensions Law

• A Teacher v A Minister & A Government Department ADJ-00010930 and A Teacher v A Minister & A Government Department ADJ-00012722. Public Service Pensions (Single Scheme and Other Provisions) Act of 2012 – Employment Equality – EU Law. (Counsel for Respondent)

Social Welfare Law

• Curtin v Minister for Social Protection, Chief Appeals Officer, Social Welfare Appeals Office. [Judgment of Hyland J. 18 July 2022 (High Court). Judicial Review (Counsel for Respondent)
• G v Minister for Social Protection (High Court) [2015] 4 I.R. 167. Maternity Benefit – Social Welfare – Disability – Remedial Statute. (Counsel for the Respondent)
• Brady v Minister for Social Protection [2019] IECA 178 (Court of Appeal) Judicial Review – Insolvency Payments Scheme – Insolvency Directive . (Counsel for Appellants)

 Company Law and Insolvency

• In the Matter of Devona Ltd. (in liquidation) Pyne v Van Deventer and others (High Court) [2012] 2 I.L.R.M. 430. Insolvency – Restriction of Directors – Shadow Directors. (Counsel for Liquidator)
• In the Matter of BHT Group Ltd. (in liquidation) and in the Matter of Sections 99 and 231 of the Companies Act, 1963. Unitherm Heating Systems Ltd. v Kieran Wallace (as official liquidator) (Court of Appeal) [2014] 2 I.L.R.M. 430 Retention of Title – Registration of Charges – Insolvency. (Counsel for Applicant)
• Brady v Minister for Social Protection [2019] IECA 178 (Court of Appeal) Judicial Review – Insolvency Payments Scheme – Insolvency Directive . (Counsel for Appellants)

Asylum and Immigration

• B.D.C. (Nigeria) v The International Protection Appeals Tribunal [2018] IEHC 460. (High Court) Judicial Review – International Protection – Asylum.

• From Cooking a Fry to Delivering a Pie: Denny, Domino’s and the status of the worker in Irish law. Employment Bar Association Annual Conference Papers. 15 December 2022.
• Acting Up & Employee Status. The Supreme Court judgment in Power v HSE. The Bar of Ireland. Viewpoints. 6 April 2022.
• Disability and Reasonable Accommodation. Employment Bar Association Annual Conference Papers. 22 November 2019
• International Women’s Day 2019 – Balance for Better. Irish Women Lawyers Association calls on the profession to #pressforchange. Irish Legal News 8 March 2018 and 2019
• The Companies Act, 2014.The Bar Review 2015 20(2), 22-26. April 2015

• Employment Lawyers Association of Ireland. Webinar 13 February 2023: 2003 to 2023: 20 years of protecting fixed term workers in Ireland – the Protection of Workers (Fixed Term Employment) Act, 2003.
• Employment Bar Association Annual Conference 15 December 2022: From Cooking a Fry to Delivering a Pie: The status of worker in Irish law.
• Dublin Solicitors Bar Association. 23 November 2022: Overview of Court of Appeal Decision in Karshan (Midlands) Ltd t/a Domino’s Pizza v Revenue Commissioners
• The Bar of Ireland Annual VAS Conference. 30 September 2022: Acting as a Third Party Intervenor at the European Court of Human Rights, an Amicus Curiae before the Irish courts and contributing to other international forums.
• Dublin Solicitors Bar Association. Young Practitioners Webinar. 7 June 2022: Bullying, Harassment and Sexual Harassment.
• Kings Inns Diploma in Law and Education. 23 April 2022: Anatomy of a Case: Nano Nagle School v Daly [2019] IESC 63
• Employment Bar Association Briefing. 17 April 2022: Power v HSE
• Kings Inns. 16 September 2021: Mediation Advocacy. The Lawyer’s Role in Mediation
• Bar of Ireland ADR Committee:  Mediation Advocacy and Achieving Excellence in Mediation Webinar 30 November 2020: What a Barrister brings to Mediation
• Employment Bar Association Annual Conference. November 2019: Disability and Reasonable Accommodation.
• The Bar of Ireland Western & Midlands Circuit Conference 25 March 2017: The Companies Act, 2014: What Every Barrister Needs to Know
• The Law Society of Ireland – Solicitors for the Elderly Committee Caring and The Law Conference. 3 November 2016: Carers and Employment Law
• Medico Legal Society of Ireland Annual Academic Day 25 January 2014: Disability, Equality and Employment Law – The United Nations Convention on the Rights of Persons With Disabilities

• Throughout her career, Cathy has provided both legal representation and legal advice on a pro bono basis to clients of the Free Legal Advice Centre (FLAC) and the Public Interest Law Alliance (PILA). Cathy was one of the initial signatories to the Public Interest Law Alliance Pro-bono pledge.  In addition, she is a panel-barrister to The Bar of Ireland’s Voluntary Assistance Scheme, which provides legal assistance to NGOs, Civil Society Groups and their members. Examples of her pro bono contributions are:-
  • 2022 Peer Review of NGO guide to the Amicus Curiae Procedure in Ireland
  • Assistance through the Voluntary Assistance Scheme to various groups in drafting proposed wording for constitutional amendment of Articles 40.1, 41 and 41.2.
  • Assistance to Migrant Rights Centre of Ireland in supporting employment rights and non-exploitation of young migrant women working as au pairs. She participated on national media (Prime Time Investigates) in providing legal commentary on the employment status of au pairs in Irish law.
  • Collaborated with a number of parties in assisting Inclusion Ireland in a project aimed at enabling persons with intellectual disabilities to make their wills.
• Cathy was the vice chairperson of the Irish Women Lawyers Association for a number of years up until 2022. Cathy worked together with the committee of IWLA to advance gender equality within the legal profession. A particular example of her work was the preparation of a Submission on Measures to Tackle the Gender Pay Gap in the legal professions, as part of the public consultation process and the Citizens Assembly on gender equality.
• In February 2023, Cathy participated in  a Prime Time production commenting on the legal status of unincorporated associations (including religious orders) and the impact of this status on litigants.

Cathy has significant experience in acting as independent investigator in workplace disputes including protected disclosures and bullying and harassment.

Mediation

Cathy is an experienced Mediator certified by CEDR and has acted as mediator in a considerable number of mediations in both  employment and commercial disputes. Cathy is committed to mediation as a method of dispute resolution and regularly presents on the topic.

Arbitration

Cathy is a member of the Chartered Institute of Arbitrators, having undertaken training in international arbitration with CIArb.  Her arbitration experience includes that of sitting as the Chair of an Arbitral Panel having done so for 4 years in financial arbitrations. Cathy has been a member of the ADR Committee of the Bar of Ireland for over 2 years. She is a member of Arbitration Ireland.

Sitting as co-arbitrator and chair of upper panel approved by the Central Bank of Ireland to hear appeals under the Tracker Mortgage Examination of Irish banks

2019-2023