In Brief: Important Updates from February 2018

Employment Law is a complex area that is continually changing. It can be difficult to keep up to date with the latest developments, but don’t fret, the Irish Employment Law Hub is the best way to stay informed. The Hub offers in-depth articles written by expert employment lawyers and leading HR professionals, case law analysis and materials tailored specifically to how the law applies in Ireland. It is fully searchable, available 24/7 and has a useful browse by topic function.

In case you missed it… here’s a quick recap of some of the topics that featured in February 2018, including a review of the key employment changes of 2017 by keynote speaker at Legal-Island's Annual Review of Employment Law 2017, Jennifer Cashman of Ronan Daly Jermyn; a Labour Court case reviewstressing the importance of adhering to principles of natural justice and fair procedures when carrying out investigations and disciplinary processes; a review of the recent Court of Appeal decision in Nano Nagle School v Marie Daly [2018] IECA 11, a seminal decision regarding disability discrimination; a brief summary of the key points of the Data Protection Bill; and lastly, advice on how to handle workplace inspections by the WRC and changes to terms and conditions of employment.

Jennifer Cashman's Employment Law Review of the Year

The keynote speaker at Legal-Island's Annual Review of Employment Law 2017 Jennifer Cashman of Ronan Daly Jermyn, updates her key employment changes of the year (2017), as well as the essential case law developments.
https://www.legal-island.ie/articles/ire/resources/webinars/2018/jan/employment-law-review-of-the-year-2017/

Labour Court Decision: Select Service Partner, Ireland t/a SSP Ireland v Albert Fordjour

Einde O’Donnell, Solicitor with Alastair Purdy & Co Solicitors, explains the background facts of the case, the Labour Court decision and the legal principles applied. He concludes the article by providing commentary on the case, stressing the importance of adhering to principles of natural justice and fair procedures when carrying out investigations and disciplinary processes.
https://www.legal-island.ie/articles/ire/features/labour-superior-court-review/2018/feb/ssp-ireland-v-albert-fordjour/

CKT Employment Law Precedents: Nano Nagle School v Marie Daly  [2018] IECA 11

Emily Sexton, Solicitor in Comyn Kelleher Tobin, examines a recent decision of the Court of Appeal in the case of Nano Nagle School, Appellant, v. Marie Daly, Respondent [2018] IECA 11, a seminal decision regarding disability discrimination.

Emily explains why the decision is important for employers, summarises the background to the case and refers to the applicable provisions where the statutory obligation on employers is set out. She discusses the outcome at each stage of the proceedings, provides detailed commentary on the Court of Appeal's recent judgment and explains the implications of the decision for employers.
https://www.legal-island.ie/articles/ire/features/employment-law-precedents/2018/feb/employment-law-precedents-nano-nagle-school-v-marie-daly-2018-ieca-11/

Data Protection Bill 2018 – Seanad Second Stage

Charlie Flanagan, T.D, Minister for Justice and Equality launched the Data Protection Bill 2018 in Seanad Eireann on Thursday 8^th February. In his address the Minister stressed how the legislation will strengthen the rules on data protection as people will have more control over their personal data and businesses will benefit from a level playing field. Legal-Island has composed a brief summary of the key points of the Minister’s address and how the Bill will give further effect to the GDPR as well as transposing the accompanying law enforcement Directive into national law. Access the summary and full address by Charlie Flanagan, T.D, Minister for Justice and Equality here:
https://www.legal-island.ie/articles/ire/features/supplementary/2018/feb/data-protection-bill-2018-seanad-second-stage/

How to Handle Workplace Inspections by the WRC

We have received notification from the Workplace Relations Commission that we are to be subject to a workplace inspection. What degree of access are we required to give to the inspector?

Harry Wall of RDJ Solicitors outlines the purpose of an inspection and the wide ranging powers of WRC inspectors on foot of the Workplace Relations Act 2015. Harry identifies offences under the Act, explaining that while WRC prosecutions for non-compliance are low, the WRC has shown a willingness to exercise its enforcement powers when warranted, referring to the high profile sale, closure and liquidation of Clery’s department store. Harry concludes the article with some practical advice, stressing the importance of well maintained, up-to-date employment records.
https://www.legal-island.ie/articles/ire/features/how-do-i-handle-it/2018/feb/how-to-handle-workplace-inspections-by-the-wrc/

First Tuesday Q&A: Managing Changes to Terms and Conditions of Employment Contracts

In this month’s First Tuesday article, Ciarán Ahern, Associate in A&L Goodbody’s employment law group, considers the problem: 

If a Company’s mandatory retirement age is increased from 63 to 65, does the employer have to inform the whole organisation or just those approaching the age?
https://www.legal-island.ie/articles/ire/features/q-and-a/2018/feb/do-we-have-to-inform-the-whole-organisation-of-a-change-in-the-mandatory-retirement-age/