Rosemary Mallon BL

Rosemary commenced practice in 2003. She specialises in employment law and regulatory law. She also regularly acts in cases dealing with equality law and education law.

Rosemary appears regularly before the Workplace Relations Commission and the Labour Court as well as the Superior Courts. She has appeared before a number of regulatory bodies including the Medical Council representing registrants in fitness to practice inquiries.  She has also appeared in a number of public/statutory inquiries including the Morris Tribunal and the Justice Clarke Inquiry.

Rosemary is an accredited CEDR mediator and regularly represents parties in mediation and/or is appointed as a mediator in disputes including but not limited to employment and commercial matters particularly involving senior executives.

Rosemary is frequently engaged to act as an independent investigator in workplace investigations concerning matters as diverse as allegations of discrimination to alleged protected disclosures. She has also been appointed as an independent 3^rd party to hear internal appeals of disciplinary decisions.

For over 10 years Rosemary acted as the Chairperson of the Investigation Committee for the Certified Public Accountants of Ireland; the role of the Committee was to investigate complaints of professional misconduct made against members of the Institute.

Rosemary is also engaged regularly to advise on non-contentious employment law matters. This work includes the preparation of contracts, senior executive service agreements and advising employers on internal processes including grievance and disciplinary procedures.

Rosemary is an active member and current Deputy Chair of the Employment Bar Association. She has lectured in the Advanced Diploma in Applied Employment Law at the King’s Inns since the inception of the course and for the last number of years she has also lectured in the Advanced Diploma in Law and Education.

Rosemary is engaged regularly in contentious matters for both employers and employees. A sample of some of the cases she has been involved in include:

The Supreme Court 

• An Bord Banistíochta, Gaelscoil Moshíológ v The Labour Court [2024] IESC 38 – Appeal on a point of law- Unfair Dismissals Act 1977 as amended

Court of Appeal

• The Board of Management of Wilson’s Hospital School -v- Enoch Burke [2023] IECA 52
• Nowak v The Data Protection Commissioner & Pricewaterhouse Coopers [2020] IECA 175 – Appeal- Data Protection Acts 1988 & 2003

The High Court

• McLoughlin v The Minister for Enterprise, Trade and Employment & The Protected Disclosures Commissioner [2024] IEHC 696- Judicial Review – protected disclosures legislation- first case involving The Protected Disclosures Commissioner
• The Board of Management of Wilson’s Hospital School v Enoch Burke [2023] 34 ELR 1
• Christian v Symantec Limited [2022] IEHC 397 – Application to strike out part of the Plaintiff’s claim
• Clarke v CGI Food Services & another [2021] 32 ELR 25 – First case in the High Court dealing with interim relief under the Protected Disclosures Act 2014
• Coyle v The Labour Court & Blackrock College [2020] 31 ELR 225 – Point of Law Appeal- Protection of Employees (Fixed-Term Work Act) 2003 – Education
• The Governor & Company of Bank of Ireland v James Reilly – de novo appeal to High Court – unfair dismissal – case set out test for placing an employee on paid suspension

The Circuit Court

• Rosemary has acted in several cases in the Circuit Court where injunctive relief was sought under the Protected Disclosures Act 2014. She has acted for both employees and employers.

The Labour Court

• St Vincent’s Private Hospital v Glen Pickford – EDA2448- time for appeal – consideration of test of for extension of time
• Pfizer Ireland Pharmaceutical Private Unlimited Company v Delores Lenihan EDA2421,EDA2420.
• Board of Management of Ardscoil Mhuire v Damien Johnson EDA2350- employment equality claim- education
• Fyffes Tropical Ireland Ltd v Loui Osman UDD2413- application to extend time- test
• Aer Lingus v Dick Fagan UDD1962- fair procedures- reasonableness of decision to dismiss
• Pfizer Ireland Pharmaceuticals v Dympna Whelan EDA 1924 – employment equality- victimisation claim- time limit – preliminary point
• Ivan Wilde Limited v Sabry Elkady DWT198 and PWD1911 – preliminary issue- valid appeal- appeal documentation

The Workplace Relations Commission

• Leahy v Trinity College 2023 34 ELR 195 – unfair dismissal claim
• Courtney Carey v Wix Online Platform Limited ADJ-0004843- unfair dismissal claim- mitigation of loss and actual loss
• Clancy v Manager of Templeogue College ADJ-00042323- claims under employment equality and protected disclosures legislation
• Oisín Gourley v Mason Hayes Curran LLP ADJ-00049048- employment equality claim- reasonable accommodation
• Tracy McGann v ERS Genomics Ltd – employment equality claims of victimisation and discriminatory dismissal
• A Minor (Next Friend Mother) v Board of Management of Co-educational Post Primary School ADJ-0038804- discrimination claim under the Equal Status Acts
• A Senior Contract Administrator v An Aircraft Leasing Company ADJ-00020828- employment equality – discrimination- gender-age- family status- evidential burden of proof
• HR Manager v Aviation Recruitment & Staff Support Agency ADJ-00022902 and ADJ-00023183 – employment equality – maternity protection – parallel proceedings
• A Cash Analyst v A Professional Services Company – ADJ-00014858- unfair dismissal claim – redundancy- fair selection
• An Office Administrator v A Distribution Company ADJ- 00021224 – unfair dismissal claim- incapacity dismissal- employment equality- application of Section 101(4A)
• Mobile Mechanic v Vehicle Hire Company ADJ- 00023660 – unfair dismissal claim- constructive dismissal- premature resignation
• A Social Care Worker v A Social Care Facility ADJ- 00021288- unfair dismissal claim- decision to dismiss- band of reasonableness- minimum notice
• A Technical Coordinator v A Financial Management Company ADJ-00027479-unfair dismissal claim- constructive dismissal- preliminary point – time limits
• Driver v A Fuel Provider ADJ-00026250- unfair dismissal claim- time limit- statute barred- reasonable cause- medical- causal link

Mediations

• In the last 12 months Rosemary has acted for a number of employers in mediations concerning disputes with Senior Executives. In some cases, these mediations have taken place in advance of any litigation commencing.
• Rosemary has been engaged to act as a mediator in various workplace disputes in the last 12 months.

• Doctors Differ… (2018 Vol 22 Issue 6) The Bar Review
• Holding a Lien over Client Books (2010 Issue 4) Accountancy Plus

Rosemary speaks regularly at a variety of conferences and CPD events. Since 2018 she has spoken at the following events:

• A lecturer in the Kings Inns in the Diploma in Applied Employment Law since the inception of the course.
• A lecturer in the Kings Inns in the Advanced Diploma in Law and Education
• Employment Law: A review of Recent Case Law – 2024 La Touche Online Training
• An Update on the WRC post Zalewski; Employment Bar Association; Breakfast Briefing, Online, June 2021
• Chaired the Seminar on Redundancy: Law, Practice & Procedure, La Touche Training, Online, May 2021
• The Practical Impact of the Judgement in Zalewski at the Workplace Relations Commissioner, Employment Bar Association, EBA Spring Series: The Judgement in Zalewski, Online, April 2021
• Sick Leave, Age Discrimination and Disability Discrimination for Employees arising out of Health Concerns and Corona Virus- Challenges in Employment Law; with Orla Murphy B.L., Employment Bar Association, Online, May 2020
• Employment Law – Recent Developments, La Touche Training CPD Conference 2020, Online, December 2020
• Employment Law Challenges in a Covid-19 World – A Practical Guide, La Touche Training, Online, August 2020
• Employment Equality, Nano Nagle- what happens now?, La Touche Training, Webinar, October 2019
• Doctors Differ? Medical examinations of employees – The Law, Employment Bar Association Annual Conference, Dublin, November 2018
• Injuncting Dismissals in the context of PHI, Employment Bar Association, Breakfast Briefing, Dublin, January 2018

Rosemary has in the past provided services to the Bar of Ireland’s Voluntary Assistance Scheme. Since its launch in October 2017 until 2023 Rosemary volunteered with the Bar of Ireland’s Consult a Colleague Helpline.