Bărbulescu v Romania: Email Privacy in the Workplace

Posted in: LK Shields on Employment Law on 11/09/2017 Jeanne Kelly and Jennifer O'Neill of LK Shields Solicitors discuss the recent decision of the Grand Chamber of the European Court of Human Rights in the case of Bărbulescu v Romania regarding the right to privacy in the workplace. The case concerned an employers' right to monitor the contents of th...

Whistleblowing - Claims for Penalisation

Posted in: LK Shields on Employment Law on 11/07/2017 In the case of A senior official v A local authority [ADJ00001721], an Adjudication Officer (“AO”) rejected an employee's claim for penalisation arising from making a protected disclosure. This decision is in line with the position taken by the Labour Court in penalisation claims under the Safety ...

The General Scheme of the Social Welfare and Pensions Bill 2017 - Key Pension Aspects for Employers

Posted in: LK Shields on Employment Law on 22/05/2017 The Minister for Social Protection, Leo Varadkar, last week published the General Scheme of the Social Welfare and Pensions Bill 2017. The Bill proposes new measures to tackle welfare fraud, including powers to temporarily reduce welfare benefits and to publish details of those convicted of welfar...

Achbita and anor v G4S Secure Solutions NV [2017]

Posted in: LK Shields on Employment Law on 20/03/2017 EU Head Scarf Ruling - Thin Veil of Protection for Employers Who Ban Religious Symbols in the Workplace In the first case of its kind, the European Court of Justice (ECJ) has ruled that employers can ban employees from wearing visible political, philosophical or religious symbols while at work. Th...

Giving Reason to Reasonable Accommodation

Posted in: LK Shields on Employment Law on 10/01/2017 A recent decision of a Workplace Relations Commission Adjudication Officer (“AO”) (ADJ – 00000508) considers the extent of an employer's obligation to make reasonable accommodation for an employee with a disability and finds that, taking into account the scale and resources of the employer and its ...

The Employment Injunction - Diluting the “Strong Threshold Test”

Posted in: LK Shields on Employment Law on 14/11/2016 In employment law, the threat of an injunction continues to be an important tool in the armoury of employees faced with potential disciplinary action or dismissal. If an employer fails to adhere to a fair, reasonable and transparent process in a disciplinary process or in the lead up to dismissal ...

The European Union (Posting of Workers) Regulations 2016

Posted in: LK Shields on Employment Law on 18/08/2016 The European Union (Posting of Workers) Regulations 2016 (SI 412 of 2016) (the “2016 Regulations”) were signed on 27 July 2016 and transposed Directive 2014/67 (“the Posted Workers Enforcement Directive”) into Irish law. The term “posted worker” is defined in the 2016 Regulations as “a worker who ...

Analysis of Recent UK Case on Restrictive Covenants

Posted in: LK Shields on Employment Law on 22/06/2016 As restrictive covenants are governed by common law, this case would have persuasive authority in Irish courts. The judgment was delivered in respect of an application by the Applicant employer seeking an interim injunction to enforce the terms of a restrictive covenant contained in the Respondent...

Settlement Agreements: The Requirement to Obtain Advice

Posted in: LK Shields on Employment Law on 28/04/2016 The Employment Appeals Tribunal ("EAT”) recently made a preliminary determination as to whether or not it had the jurisdiction to hear the appeals being taken by two former employees of DHL Supply Chain (Ireland) Limited (“DHL”) against the recommendations made by Rights Commissioners under the Pay...

New CCTV Guidance Note from the Data Protection Commissioner

Posted in: LK Shields on Employment Law on 26/01/2016 New Guidance:Before Christmas the office of the Irish Data Protection Commissioner (ODPC) issued an updated and expanded guidance note in relation to the use of CCTV.What has Changed?One of the most significant differences between the new and earlier guidance is the requirement that "a written CCTV...