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In Brief: Important Updates from January 2018

Posted in : Supplementary Articles ROI on 31 January 2018
Legal-Island
Legal-Island

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 January 2018, including fixed-term contracts; a number of key TUPE cases; data protection guidance on the right to rectification and erasure and some practical tips for employers when adverse weather warnings result in high levels of absenteeism.

Successfully Navigating Successive Fixed Term Contracts

An employee is currently employed on his third fixed term contract.  His employer wants to provide him with a further fixed-term contract for one year but the employee is asserting that he is entitled to a contract of indefinite duration. Is it legally permissible for his employer to provide him with a further fixed-term contract and if so, how may the employer do so?

In this article, Laura Graham, Managing Associate in the Employment Law team in Reddy Charlton Solicitors, provides guidance on how to successfully navigate successive fixed-term contracts.
Read More: https://www.legal-island.ie/articles/ire/features/contracts/2018/jan/successfully-navigating-successive-fixed-term-contracts/

Assets v Labour - Labour Court Decisions on Transfer of Undertakings

Barry Reynolds, Partner and head of DAC Beachcroft’s employment team in Dublin, analyses a number of key TUPE cases which have come before the Labour Court in 2017 and specifically the Court's consideration of whether or not businesses are asset reliant or labour intensive.
Read More: https://www.legal-island.ie/articles/ire/features/labour-superior-court-review/2018/assets-v-labour-labour-court-decisions-on-transfer-of-undertakings/

Fixed Term Workers, Non-Discrimination and Compensation on the Termination of Employment

Is it discriminatory for a fixed-term worker to receive less compensation on the expiry of his or her contract than a worker (whether fixed-term or permanent) who is dismissed?

This is the question considered by the European Court of Justice Advocate General Kokott in two opinions relating to the interpretation of Directive 1999/70/EC concerning the framework agreement on fixed-term work. In this article, Barra Lysaght, Associate Solicitor in LK Shields, explains the factual background to the case law, the legal framework and the opinion of the Advocate General.
Read More: https://www.legal-island.ie/articles/ire/features/employment-law/2018/jan/fixed-term-workers-non-discrimination-and-compensation-on-the-termination-of-employment/

Data Processing at Work: The Right to Rectification and Erasure

We are very excited to confirm that the team at Crowley Solicitors led by Deirdre Crowley have agreed to write a series of articles dealing with the many different issues that arise when handling data at work.  The first in the series deals with the right of an employee to request that any personal data held by their employer is rectified or erased. 
Read More: https://www.legal-island.ie/articles/ire/features/hot-topics/2018/jan/data-processing-at-work-right-to-rectification-and-erasure/

Adverse Weather Warnings for Employers

It seems we have a weekly, if not daily weather, warning these days. Often, we are warned not to take unnecessary journeys. So, is your employee coming to work during adverse weather an unnecessary journey? What is the position for employers and employees in a situation like this?

Linda Hynes, Head of Employment & Data Protection at Leman Solicitors has provided a template Unusual Absence Policy which will be useful to employers in deciding what policy to implement in their organisations.
Read More: https://www.legal-island.ie/articles/ire/resources/templates-checklists/2018/jan/adverse-weather-warnings-for-employers/

This article is correct at 31/01/2018
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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