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LK Shields on Employment Law

We’ve found 36 results

Features

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 ...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

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 ...
This article is listed under the following topics:
Pay and Conditions of Employment
Features

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...
This article is listed under the following topics:
Contracts of Employment
Features

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...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation
Features

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...
Features

Regulation of Lobbying Act 2015

Posted in: LK Shields on Employment Law on 18/12/2015 This article is in relation to Regulation of Lobbying Act 2015. Angeline O’Connell writes:On 1 September 2015 the Regulation of Lobbying Act 2015 (the "Act") came into effect. This means that if you were involved in lobbying during the period from 1 September 2015 to 31 December 2015 you must regis...
This article is listed under the following topics:
Unfair Dismissal Working Time and Leave
Features

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...
Features

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...
Features

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...
Features

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...