Latest in LK Shields on Employment Law

LK Shields on Employment Law

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Features

Remote Working And Compliance With Working-Time Rules

Posted in: LK Shields on Employment Law on 22/09/2020 In December 2019, the Department of Business Enterprise and Innovation published a report entitled “Remote Work in Ireland”, which defined remote working as a “form of organising and/or performing work, using information technology, in the context of an employment contract/relationship, where work,...
This article is listed under the following topics:
Working Time and Leave
Features

Variation of Terms and Conditions Prior To Transfer Unenforceable

Posted in: LK Shields on Employment Law on 26/05/2020 Introduction The UK Employment Appeals Tribunal (“EAT”) recently issued an important decision in Ferguson & Others -v- Astrea Asset Management Limited which dealt with the improvement by business owners and directors of their terms and conditions in anticipation of a TUPE transfer. This case ...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)
Features

Strategies for Coping with a Temporary Downturn in Business during COVID-19 Crisis

Posted in: LK Shields on Employment Law on 25/03/2020 In stark contrast to the almost full employment rate enjoyed by Ireland recently, many employers are now faced with the sad and urgent reality of seeking solutions to keep their business afloat in a climate of forced closure of workplaces or a fall-off in business as a result of the COVID-19 pandem...
Features

Employee Share Remuneration - Overview and Recent Developments

Posted in: LK Shields on Employment Law on 24/09/2019 There are many employee incentive arrangements available and there is no one size fits all approach. An employer should carefully consider all relevant issues in advance of adopting an incentive arrangement to ensure it is fit for purpose and appropriate for the relevant business. In this article,...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment
Features

Working Time - Employer Responsibilities

Posted in: LK Shields on Employment Law on 14/08/2019 There have been a number of recent cases at the European Court of Justice and elsewhere that impact on the Organisation of Working Time Act 1997, as it applies in Ireland. Are Irish employers maintaining proper records of working hours? Are you open to challenge from your employees or their unions?...
This article is listed under the following topics:
Working Time and Leave
Features

Discriminatory dismissal following “Google search” of dyspraxia

Posted in: LK Shields on Employment Law on 28/05/2019 Before contemplating the dismissal of an employee with a disability, an employer should ensure that they are in possession of all material facts concerning the condition, including medical evidence, and carry out a thorough assessment in relation to the needs of the employee. In this article, Eli...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality
Features

A Guide to Bonus Payments during Maternity Leave

Posted in: LK Shields on Employment Law on 29/01/2019 The issue of bonus payments is one which often gives rise to disputes between employers and their employees. There are many ways in which bonus clauses can cause difficulties and result in litigation. In this article Einde O’Donnell, Associate Solicitor at LK Shields, focuses on the payment, or non...
Features

Business Transfers: Euro Car Parks (Ireland) Limited and Dermot Kelly

Posted in: LK Shields on Employment Law on 11/09/2018 The Labour Court recently held that a “transfer of an undertaking” had taken place in a scenario where there was no transfer of assets - but where the same core assets continued to be used after the transfer. The Transfer of Undertakings Regulations Under the European Communities (Protection of Emp...
This article is listed under the following topics:
Transfer Regulations (TUPE)
Features

Gender Pay Gap Information in Ireland: Draft Legislation Published

Posted in: LK Shields on Employment Law on 16/07/2018 The gender pay gap measures the difference between the average gross earnings of female and male employees. In recent years the gender pay gap has received increased attention - both in Ireland and internationally. According to the latest figures published by Eurostat, the gender pay gap in Irela...
This article is listed under the following topics:
Discrimination and Equality Pay and Conditions of Employment
Features

Transfer of Undertakings: Uncertainty Continues as to Liability

Posted in: LK Shields on Employment Law on 08/05/2018 The European Communities (Protection of Employees on the Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) place legal obligations on both the transferor and the transferee in relation to employees transferring with a business. Regulation 8 of the Regulations requires both the tran...
This article is listed under the following topics:
Contracts of Employment Transfer of Undertaking (TUPE)