Supplementary Articles

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Contract Law: Public Sector Restrictions

Posted in: Supplementary Articles ROI on 05/08/2011 Mary Kelleher writes:1. Engagement of Resources in the Public Sector/Fixed-Term Contracts1.1 Flexibility in engagement of resources Employers in the public sector are facing particularly challenging times in relation to the management of resources. This is against the backdrop of a reduction in pub...

L for Lawful Severance Agreements

Posted in: Supplementary Articles ROI on 08/07/2011 Aisling Butler writes:1. IntroductionEmployers often ask how they can ensure that an employee will not take a case against the employer once the employee’s contract of employment is terminated. While it is open to an employee to take any case s/he may wish, a severance agreement, provided it fulfil...
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Disciplinary and Grievance Issues Health and Safety

K for Keeping Records

Posted in: Supplementary Articles ROI on 13/06/2011 Aisling Butler writes:1. IntroductionAll organisations accumulate enormous amounts of information either in paper or electronic form. This information may relate to decisions the organisation has made, general employee or customer information. What is sometimes not realised is the numerous obligati...

Contract Law: The Test-Achats Case - What does it mean for Insurers?

Posted in: Supplementary Articles ROI on 27/05/2011 Mary Kelleher writes:1. IntroductionFrom 21 December 2012, insurance companies will no longer be permitted to take a person's gender into account as a risk factor when determining general and life insurance premiums. This is the result of a recent decision of the European Court of Justice (the “ECJ...

J for Jurisdiction

Posted in: Supplementary Articles ROI on 11/05/2011 Aisling Butler writes:“The systems of access, remedies, appeal and enforcement are now too complex. They lack coherence and consistency and are not user friendly at the point of access.” - Report of the Review Group on the Functions of the Employment Rights Bodies (published by the Department of En...

I for Injunctions

Posted in: Supplementary Articles ROI on 08/04/2011 Aisling Butler writes:1. IntroductionSometimes employees seek to restrain their dismissal or avoid redundancy or a disciplinary process by seeking an injunction from the Courts. Recent case law shows that while there are some clear limitations on the availability of the relief, injunctions will con...

Contract Law: New Remuneration Rules in the Financial Sector

Posted in: Supplementary Articles ROI on 01/04/2011 Mary Brassil writes:Against the backdrop of the global economic crisis and controversy over the payment of excessive bonuses, rigorous new rules regulating remuneration policies and practices in the financial sector were introduced with effect from 1 January 2011. 1. Capital Requirements DirectiveP...

H for Harassment

Posted in: Supplementary Articles ROI on 10/03/2011 Aisling Butler writes:1. IntroductionThe cost for organisations of bullying and harassment in the workplace can be considerable in terms of high staff turnover, impaired morale, sick leave, industrial relations problems and loss of productivity. Furthermore, if not adequately managed internally, an...

Rights Commissioner Services Takes Steps to Address Increase in Claims Under the Payment of Wages Legislation

Posted in: Supplementary Articles ROI on 25/02/2011 Killian O'Reilly or McDowell Purcell solicitors is concerned about the massive overload of employment claims in the system. We asked him to outline some of the issues in relation to unlawful deductions from wages, of which there are some 6000 outstanding claims. He writes:Under the Payment of Wages...

G for Garden Leave

Posted in: Supplementary Articles ROI on 09/02/2011 Catherine O'Flynn writes:1. What is Garden Leave? Garden leave refers to a situation whereby a clause is inserted into a contract of employment which allows the employer, where notice of termination has been given (usually by either party) to request that the employee remain at home during the noti...