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 the last number of years Rosemary has acted as the Chairperson of the Investigation Committee for the Certified Public Accountants of Ireland; the role of the Committee is 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 of the Employment Bar Association and she is also a member of the Employment Law Association of Ireland. She has lectured in the Advanced Diploma in Applied Employment Law at the King’s Inns since the inception of the course.

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

Court of Appeal

• Nowak v The Data Protection Commissioner & Pricewaterhouse Coopers [2020] IECA 175 – Appeal- Data Protection Acts 1988 & 2003

The High Court

• Coyle v The Labour Court & Blackrock College [2020] IEHC 111 – Point of Law Appeal- Protection of Employees (Fixed-Term Work Act) 2003 – Education
• Clarke v CGI Food Services & another [2020] IEHC 368 – First case in the High Court dealing with interim relief under the Protected Disclosures Act 2014

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

• 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

• 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.
• 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, Rosemary has volunteered with the Bar of Ireland’s Consult a Colleague Helpline.