Searching Content indexed under Employment and HR by Arthur Cox ordered by Published Date Descending.
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Privacy In The Workplace: Can Employers Rely On Personal Communications To Dismiss?
In this post GDPR era, employers are more conscious than ever before of the limitations upon the processing of personal data, the need to respect employees'
10 Sep 2019
Employment Injunctions: Courts Will Not "Entertain" An Injunction Where Legislation Covers The Employee's Claim, Available Remedies And Means Of Redress
In welcome decisions for employers, the High Court in Power v Health Service Executive and Court of Appeal in Kearney v Byrne Wallace have confirmed that an employment injunction cannot be granted
28 Aug 2019
Labour Court Rules No Penalisation Where Dismissal Of Whistleblower Is "Wholly Unrelated" To Disclosures Made
In the recent case of CPM Ireland Limited v Natasha Callaghan, the Labour Court found that while an employee had made a protected disclosure, her dismissal was "wholly unrelated" to the disclosure.
22 Aug 2019
Till Death (Or Retirement) Do Us Part: Entitlement To Long-Term Disability Benefits Until Retirement Age Or Death
In ICTS (UK) Ltd v Visram, the UK Employment Appeal Tribunal upheld a decision of an employment tribunal that a claimant's entitlement to compensation for future loss of earnings included loss of long-term disability...
8 Aug 2019
Accidents At Work: Court Of Appeal Reiterates There Is Not "Unlimited" Employer Liability
Employers owe both a common law and statutory duty to ensure the health and safety of their employees. But how extensive is this obligation and when are employees responsible
2 Aug 2019
Labour Court Upholds Finding That Forced Retirement Was Discriminatory Dismissal
The Labour Court, in Louth County Council v Mary Clarke, upheld the decision of the Workplace Relations Commission (the "WRC")
26 Jul 2019
Step Plan To Tackling Banded Hours Requests Under The Employment (Miscellaneous Provisions) Act 2018
To ensure compliance with your obligations under the Employment (Miscellaneous Provisions) Act 2018, our five-step plan below will assist you in dealing with any banded hour requests you receive
22 Jul 2019
Employer Discriminated Against Employee By Asking Her To Keep Her Sexuality A Secret
In the recent case of McMahon v Redwood TTM Limited and Pilling, an UK Employment Tribunal ordered the employer to pay a former employee the sum of £8,000 (plus interest), in the form
16 Jul 2019
Work – Life Balance: Weighing Up The Benefits And Costs Of The New Parental Leave Entitlements
It would be hard to have missed the Government's recent drive towards improved family entitlements, with the introduction of increased unpaid parental leave and the announcement that paid parental leave is on the way.
2 Jul 2019
Pensions Update – Summer 2019
The deadline for transposition and implementation of IORP II was 13 January 2019. The Government has indicated that IORP II will be implemented in Ireland through secondary legislation
European Union
27 Jun 2019
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,
25 Jun 2019
Labour Court Re-Affirms That Different Treatment Does Not Necessarily Mean Less Favourable Treatment
The Labour Court, in Kerry County Council v Cora Carrigg, has overturned a WRC award made against Kerry County Council for an alleged breach of the Protection of Employees
20 Jun 2019
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...
13 Jun 2019
Working Time Records: Europe Rules That Employers Must Have An Objective, Reliable And Accessible System To Record Daily Working Time
The Court of Justice for the European Union (CJEU) has ruled that employers are required to set up systems to measure daily working time.
European Union
6 Jun 2019
Pensions GDPR Update – May 2019
This is the GDPR update from our Pensions Group,which summarises some practical aspects of where GDPR processes for pension schemes are at one year on.
4 Jun 2019
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" ...
3 Jun 2019
Asset Management And Investment Funds Group Legal And Regulatory Update
As reported in our April update, outsourcing is area of key focus for the Central Bank and other global regulators. On 30 April, the Central Bank hosted an industry conference ("Conference")
3 Jun 2019
Equality In The Workplace – Can Employers Prefer Interviewees With ‘Protected Characteristics'?
In a recent UK case, Furlong v The Chief Constable of Cheshire Police, the police force, when interviewing candidates for a role, gave preference to candidates with ‘protected characteristics'...
3 Jun 2019
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
22 May 2019
Workplace Dispute Resolution In Ireland – Is It Time For Change?
The Supreme Court has ruled that the Workplace Relations Act 2015 can be challenged on its constitutionality before the High Court.
15 May 2019
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