LK Shields on Employment Law

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Features

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...
Features

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...
Features

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 ...
Features

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...
Features

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...
Features

'Without Prejudice' Conversations - Risks and Pitfalls

Posted in: LK Shields on Employment Law on 14/08/2012 Many employers are of the view that once the employer states that a conversation with an employee is "off the record" or "without prejudice" anything that is said during that conversation cannot be disclosed by the employee in any subsequent legal proceedings. This is not the case.The “without prej...
Features

Reasonableness in the Redundancy Process - Avoiding the Pitfalls

Posted in: LK Shields on Employment Law on 23/03/2012 Although redundancy legislation provides certain rules with regard to what constitutes a genuine redundancy, a dismissal by reason of redundancy can be deemed unfair if the employer is not considered to have acted reasonably. What constitutes reasonableness on the part of an employer has become som...
Features

Anti-Social Networking

Posted in: LK Shields on Employment Law on 14/02/2012 It was 12 years ago last month when George W Bush asked this very pertinent (if some-what confusingly phrased) question. In that 12 year period, rather than becoming “more few”, the highways on the internet have expanded considerably. While once employees had only email to amuse themselves, they no...
Features

Disability Discrimination & Reasonable Accommodation Through Technological Advancements

Posted in: LK Shields on Employment Law on 07/11/2011 Introduction - Statutory RequirementsThe term “Disability” is broadly defined under the Employment Equality Acts 1998 to 2011 (the “Equality Acts”) to include people with physical, intellectual, learning, cognitive or emotional disabilities and a range of medical conditions. Employers are not oblig...