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Searching Content indexed under Trials & Appeals & Compensation by Arthur Cox ordered by Published Date Descending.
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1
"Unbroken Residency" Requirement For Citizenship Sparks Concern
Concerns about the potential impact of short term travel on applications for Irish citizenship following the decision of the High Court on 11 July 2019 in Jones v Minister for Justice and Equality [2019] IEHC 519.
Ireland
25 Jul 2019
2
You Raise Me Up, So I Can…Sue My Employer?
In the UK case of Shelbourne v Cancer Research UK, an employee of Cancer Research UK sustained spinal injuries at a Christmas Party in the workplace.
Ireland
10 Jul 2019
3
Disciplinary Processes – What Not To Do!
In The Governing Body of Tywyn Primary School v Alpin, the UK Employment Appeal Tribunal ("EAT") recently ruled that the adverse treatment of a gay teacher,
Ireland
25 Jun 2019
4
UK EAT Concludes That Bad Leaver Provisions Were Neither Unconscionable Nor A Penalty Clause
In Nosworthy v Instinctif Partners Limited, the UK EAT has upheld the enforcement of bad leaver provisions, which required a resigning employee to transfer her shares for minimal consideration and to forfeit her loan...
UK
13 Jun 2019
5
When Will A Shop Steward's Actions Be Trade Union Activities And When Will They Be Something Else?
The Court of Appeal of England and Wales has found that a shop steward, dismissed by his employer for storing and sharing "stolen, private and confidential information that was the property of a manager" ...
Ireland
3 Jun 2019
6
Being Held To Account For Exploitation: The Personal Liability Of Directors For Inducing A Breach Of Employment Contract
The decision of the English High Court in the case of Antuzis and others v DJ Houghton Catching Services Ltd and others caught the attention of the English press with the Judge
Ireland
22 May 2019
7
Kerins Decision: A Cautionary Tale For Employers
The High Court rejected Ms Kerins' challenge to her treatment before the PAC hearings during the course of its examination of State funding to the Rehab Group in 2014.
Ireland
7 May 2019
8
Presumption Of Disclosure Of Records Under FOI Does Not Apply To Exempted Records
Private sector businesses contracting with State bodies will welcome a recent judgement of the Court of Appeal.
Ireland
23 Apr 2019
9
Labour Court Highlights Limits To TUPE Protections: Refusal To Transfer Amounts To Resignation
In Adina Predut v Rapier Contract Services Limited, the Labour Court found that an employee terminated her own employment when she refused to transfer to a new employer under the European Communities ...
Ireland
11 Apr 2019
10
Enforcement Of Post-Termination Restrictive Covenants At Injunction Stage Is A Balancing Act
There is a clear distinction between the enforceability of restrictive covenants during the life of the employment relationship and after its termination.
Ireland
4 Apr 2019
11
Lacking A Disability Proves A Bar To Bringing A Disability Discrimination Claim
The Labour Court has held that an employee without a disability cannot claim disability discrimination for being treated less favourably than a person with a disability.
Ireland
6 Mar 2019
12
Freedom Of Information Act 2014 – Factors To Consider When Deciding If Records Are Exempt From Disclosure
In this briefing, we consider a recent decision of the Office of the Information Commissioner (the "OIC") which usefully restates the principles that should be applied in deciding ...
Ireland
4 Mar 2019
13
Charity Law Update: Winter 2018/2019
The Value-Added Tax (Refund of Tax) (Charities Compensation Scheme) Order 2018 (the "Order") was signed into law on 18 December 2018.
Ireland
27 Feb 2019
14
Supreme Court To Consider Proper Overall Approach To Discovery
The Supreme Court is set to consider the proper overall approach to discovery where the burden of complying with discovery is likely to be significant.
Ireland
1 Feb 2019
15
Corporate Investigations 2019
The International Comparative Legal Guide to Corporate Investigations 2019 has now been published. Corporate Investigations covers common issues in corporate investigations laws and regulations
Ireland
21 Dec 2018
16
Failings In The Disclosure Process: Key Learnings
What can we learn from failings in the disclosure process in the UK?
Ireland
18 Dec 2018
17
'Tis The Season: Employers Beware As Company Vicariously Liable For The Conduct Of Company Director At Social Event
With Christmas just around the corner, a recent UK Court of Appeal decision will serve as a timely reminder to employers that they can be held vicariously liable for the conduct of employees at social events ...
UK
11 Dec 2018
18
Refusal To Supply "Support Gay Marriage" Cake Not Discriminatory
The UK Supreme Court has held that a Belfast bakery did not discriminate against a gay man when it refused to provide him with a cake bearing a message of support for same-sex marriage...
Ireland
13 Nov 2018
19
Waiting Times In A&E: What Are You Telling Your Patients?
Hospitals may be liable where their receptionists give patients misleading information as to the availability of medical assistance.
Ireland
5 Nov 2018
20
Privilege And The Conduct Of Internal Investigations
Corporates undertaking an internal investigation into potential wrongdoing will welcome a recent decision of the English Court of Appeal.
Ireland
26 Oct 2018
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