Mondaq All Regions - Ireland: Employment and HR
Arthur Cox
This update contains summaries of two recent practical court decisions which provide confirmation that trust law in Ireland relating to trustee decision making, related responsibilities and potential liability for breach of trust is consistent with previous expectations.
Matheson
The employment relationship in Ireland is regulated by an extensive statutory framework, much of which finds its origin in European Community law.
Matheson
The Act provides for both a single insolvency priority order for underfunded schemes where the employer is solvent at the date of wind-up and a double insolvency priority order for underfunded schemes where the employer is insolvent at the date of wind-up.
Matheson
The Act clarifies that no amendment to the governing trust documentation of a scheme is required in order to allow trustees to comply with an AVC drawdown request from a member.
Matheson
Advocate General's opinion in Lock v British Gas Trading Limited concluded that where an employee receives a basic salary and variable commission, his / her holiday pay must include not only the basic salary but an amount equivalent to what the employee might have earned by way of commission during the holiday period.
Matheson
In November 2013, the English High Court held in JM Finn & Co Ltd v Holliday that a garden leave covenant of 12 months' duration was reasonable in circumstances where a client base needed to be secured.
Matheson
The Protected Disclosures Bill 2013 which was published in July 2013, has now passed through all stages of the Seanad (Upper House) and is currently at Second Stage in Dáil Éireann (the Lower House).
Matheson
The system of industrial relations in Ireland is essentially a voluntarist one, which renders it unusual by comparison with other jurisdictions.
Mason Hayes & Curran
We hope that 2013 was a good year for you and your firm and that 2014 brings new opportunities and further success.
Matheson
Matheson represented the trustees of the Element Six Contributory Pension Plan in successfully defending a claim taken against them by 128 members of the Plan for alleged breach of duty.
Stephen O'Sullivan, Barrister
A decision of the commercial court this week sheds light on the obligations of a trustee of the insolvency of a defined benefit (DB) pension scheme
Matheson
A recent Irish report on absenteeism(1) confirmed that a total of 11 million days are lost to absence every year, costing businesses €15 billion.
Arthur Cox
The Dodd-Frank Wall Street Reform And Consumer Protection Act ("Dodd-Frank") became a federal law in the US in 2010.
Mason Hayes & Curran
An employer is liable for the conduct of its employees at a Christmas party organised by the employer.
Mason Hayes & Curran
Following the changes, employees with a contractual retirement age of 65 and who would currently expect to receive a state pension at that age will no longer receive a state pension until they reach 66 years of age.
Mason Hayes & Curran
For most employers the primary benefit of a fixed-term contract lies in the exclusion of the Unfair Dismissal Acts 1977-2011 on the expiry of the fixed-term.
Matheson
Matheson has launched a new series of podcasts focusing on Irish employment law.
Matheson
The English High Court has upheld a 12-month non-compete clause for an insurance broker, on the basis that most insurance contracts are renewed annually, meaning that client contact and the opportunity to establish a new relationship tends to be an annual event.
Matheson
The judgment of President Kearns in the case of Willis and Others v. The Pensions Ombudsman and Emer Lawlor [2013] IEHC 352 was delivered on 22 July 2013 in the High Court.
Matheson
Problems with the current system
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Matheson
The Pensions Act 1990 is the primary pensions legislation in Ireland. The Pensions Act regulates the operation of occupational pension schemes, Personal retirement savings accounts and trust Retirement annuity contracts.
Matheson
The guide to Employment Law in Ireland as featured in the Employment Law Review, Fourth Edition, 2013.
LK Shields
After an icy start to the New Year we thought it timely to take a look at employers' obligations in relation to temperatures in the workplace. The Safety, Health and Welfare at Work (General Application) Regulations 2007 ("the 2007 Regulations") which were introduced pursuant to the Safety, Health and Welfare at Work Act 2005 ("the 2005 Act"), deal with the issue of temperatures in the workplace.
Matheson
The Protected Disclosures Bill 2013 which was published in July 2013, has now passed through all stages of the Seanad (Upper House) and is currently at Second Stage in Dáil Éireann (the Lower House).
Matheson
On 1 January 2013 the Redundancy Payments Acts, 1967-2007 were amended.
Arthur Cox
The purpose of this briefing is to give an overview of civil claims and inquests, each of which may follow a workplace accident.
Matheson
In November 2013, the English High Court held in JM Finn & Co Ltd v Holliday that a garden leave covenant of 12 months' duration was reasonable in circumstances where a client base needed to be secured.
LK Shields
Dealing with misconduct in the workplace is, unfortunately, an issue that most employers will have to address at one stage or another.
Matheson
The system of industrial relations in Ireland is essentially a voluntarist one, which renders it unusual by comparison with other jurisdictions.
Matheson
On 15 October 2013, the Minister for Finance introduced the Budget for 2014 (the "Budget"). Set out below is a summary of the changes introduced which relate to pensions.
Stephen O'Sullivan, Barrister
Where an employee leaves to compete against the employer there are four possible causes of action the employer could seek to rely upon.
Matheson
Advocate General's opinion in Lock v British Gas Trading Limited concluded that where an employee receives a basic salary and variable commission, his / her holiday pay must include not only the basic salary but an amount equivalent to what the employee might have earned by way of commission during the holiday period.
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