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LK Shields on Employment Law

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Equality Tribunal's Decision that it had No Jurisdiction to Determine a Discrimination Claim

Posted in: LK Shields on Employment Law on 14/04/2015 Sarah Browne writes: Today's article is in relation to the Equality Tribunal’s decision that it had no jurisdiction to determine a discrimination claim on the basis that the parties had previously entered into a voluntary redundancy agreement...Case: Ms Geraldine Suffin v Tesco Ireland Ltd In Febru...
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Criminal Background Checks - Where to now?

Posted in: LK Shields on Employment Law on 18/11/2014 “Am I hiring the right person for the job?” is a question frequently asked by employers. In addition to reference checks from previous employers and pre-employment medical examinations, some employers conduct background checks. Although such checks may be standard hiring practice in other jurisdict...
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Award of €81,000 for Discrimination of University Lecturer

Posted in: LK Shields on Employment Law on 16/09/2014 In May 2014, a female employee of National University of Ireland, Galway ("the University") succeeded in her complaint against the University for gender and disability discrimination which she had endured for almost ten years. The Equality Tribunal ("the Tribunal") awarded the complainant considera...
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High Award for Performance Related Dismissal by Google

Posted in: LK Shields on Employment Law on 20/06/2014 The recent Employment Appeals Tribunal decision of Berthold v Google Ireland Limited [UD2147/2011] which awarded €110,000 compensation to the claimant demonstrates how difficult it can be to implement dismissal for “persistent underperformance”.BackgroundThe claimant worked for a company that was b...
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Social Media - Who Owns You?

Posted in: LK Shields on Employment Law on 15/04/2014 Social media platforms such as Twitter, Facebook and LinkedIn have revolutionised the manner in which businesses now interact with their clients/customers. Communication and branding through the medium of social media can have a much bigger and more immediate impact than might ever be achieved by a...
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Data Security Breach

Posted in: LK Shields on Employment Law on 20/12/2013 The number of news stories about data security breaches highlights the fact that there are issues for everyone around data security, processing and outsourcing of data, including employers. The scale of the recent Loyaltybuild data security breach, which received a lot of media attention, must giv...
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Corporate Bullying - Employers Beware

Posted in: LK Shields on Employment Law on 18/06/2013 The relatively recent High Court decisions of Cross J upholding claims of bullying in the workplace and awarding damages where no recognisable psychiatric injury was established may lead to an increase in stress claims before the Courts. Corporate BullyingIn the case of Kelly v Bons Secours Hospita...
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Hernandez v Vodafone - Key Lessons for Employers

Posted in: LK Shields on Employment Law on 26/04/2013 The recent High Court case of Octavio Hernandez v Vodafone Ireland Ltd, [2013] IEHC 70 raises interesting issues in respect of the enforceability of non-compete clauses in employment contracts. This case also develops the law on employment injunctions and whether damages are an adequate remedy for ...
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Legal Risks Associated with Bring Your Own Device (BOYD) Policies

Posted in: LK Shields on Employment Law on 26/02/2013 BYOD (bring your own device) is a hot topic in the boardroom and for IT managers. BYOD involves allowing employees to use their own mobile devices for work purposes. Mobile devices include smart phones, tablets, storage devices and laptops. As culture and technology shift, people manage their lives...
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Removal of an Executive Director from Employment

Posted in: LK Shields on Employment Law on 16/11/2012 Removal of an Executive Director from Employment and the Increasing Threat of the Employment Injunction.The threat of an injunction is re-emerging as an important tool in the armoury of executive directors faced with potential disciplinary action or dismissal. If an employer fails to adhere to a fa...