Searching Content by Niamh Fennelly from Arthur Cox ordered by Published Date Descending.
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Protected Disclosures: Is Disclosure Related Penalisation, Which Occurs Before Disclosure Is Made, Prohibited?
The Protected Disclosures Act 2014 provides a comprehensive suite of protections to ‘whistleblowers' who are penalised by their employer or dismissed on account of raising concerns regarding possible
30 Sep 2019
Springing Into Act: Preventing Confidential Information Being Used By Former Employee
In the decision in Forse and others v Secarma Ltd and others, the Court of Appeal of England and Wales upheld a High Court decision granting an interim springboard injunction
23 Sep 2019
Labour Court Rules No Penalisation Where Dismissal Of Whistleblower Is "Wholly Unrelated" To Disclosures Made
In the recent case of CPM Ireland Limited v Natasha Callaghan, the Labour Court found that while an employee had made a protected disclosure, her dismissal was "wholly unrelated" to the disclosure.
22 Aug 2019
Till Death (Or Retirement) Do Us Part: Entitlement To Long-Term Disability Benefits Until Retirement Age Or Death
In ICTS (UK) Ltd v Visram, the UK Employment Appeal Tribunal upheld a decision of an employment tribunal that a claimant's entitlement to compensation for future loss of earnings included loss of long-term disability...
8 Aug 2019
Labour Court Upholds Finding That Forced Retirement Was Discriminatory Dismissal
The Labour Court, in Louth County Council v Mary Clarke, upheld the decision of the Workplace Relations Commission (the "WRC")
26 Jul 2019
Step Plan To Tackling Banded Hours Requests Under The Employment (Miscellaneous Provisions) Act 2018
To ensure compliance with your obligations under the Employment (Miscellaneous Provisions) Act 2018, our five-step plan below will assist you in dealing with any banded hour requests you receive
22 Jul 2019
Employer Discriminated Against Employee By Asking Her To Keep Her Sexuality A Secret
In the recent case of McMahon v Redwood TTM Limited and Pilling, an UK Employment Tribunal ordered the employer to pay a former employee the sum of £8,000 (plus interest), in the form
16 Jul 2019
You Raise Me Up, So I Can…Sue My Employer?
In the UK case of Shelbourne v Cancer Research UK, an employee of Cancer Research UK sustained spinal injuries at a Christmas Party in the workplace.
10 Jul 2019
Disciplinary Processes – What Not To Do!
In The Governing Body of Tywyn Primary School v Alpin, the UK Employment Appeal Tribunal ("EAT") recently ruled that the adverse treatment of a gay teacher,
25 Jun 2019
Labour Court Re-Affirms That Different Treatment Does Not Necessarily Mean Less Favourable Treatment
The Labour Court, in Kerry County Council v Cora Carrigg, has overturned a WRC award made against Kerry County Council for an alleged breach of the Protection of Employees
20 Jun 2019
UK EAT Concludes That Bad Leaver Provisions Were Neither Unconscionable Nor A Penalty Clause
In Nosworthy v Instinctif Partners Limited, the UK EAT has upheld the enforcement of bad leaver provisions, which required a resigning employee to transfer her shares for minimal consideration and to forfeit her loan...
13 Jun 2019
When Will A Shop Steward's Actions Be Trade Union Activities And When Will They Be Something Else?
The Court of Appeal of England and Wales has found that a shop steward, dismissed by his employer for storing and sharing "stolen, private and confidential information that was the property of a manager" ...
3 Jun 2019
Equality In The Workplace – Can Employers Prefer Interviewees With ‘Protected Characteristics'?
In a recent UK case, Furlong v The Chief Constable of Cheshire Police, the police force, when interviewing candidates for a role, gave preference to candidates with ‘protected characteristics'...
3 Jun 2019
Workplace Dispute Resolution In Ireland – Is It Time For Change?
The Supreme Court has ruled that the Workplace Relations Act 2015 can be challenged on its constitutionality before the High Court.
15 May 2019
Kerins Decision: A Cautionary Tale For Employers
The High Court rejected Ms Kerins' challenge to her treatment before the PAC hearings during the course of its examination of State funding to the Rehab Group in 2014.
7 May 2019
What Your Employer Knows May Hurt You: Less Favourable Treatment By An Employer, On The Basis Of Employer's Religious Belief, Does Not Establish Direct Discrimination
In Gan Menachem Hendon Limited v De Groen, the UK Employment Appeals Tribunal (the "EAT") concluded that the dismissal of a nursery employee
1 May 2019
Government's Gender Pay Gap Information Bill 2019 Published
The Government has published the much-anticipated Gender Pay Gap Information Bill 2019. The Bill has been presented to Dáil Éireann where it now awaits Second Stage.
30 Apr 2019
Government Eases Restrictions On Non-EEA Workers In The Construction And Sports Industries
The Department of Business, Enterprise and Innovation last week announced changes to the employment permit regime for people from outside the European Economic Area (the "EEA") working in the construction and sports industries.
26 Apr 2019
All Reasons Will Be Considered When Deciding If TUPE Transfer Is The Sole Or Principal Reason For The Dismissal
For the purposes of the European Communities Transfer of Undertakings (Protection of Employment) Regulations 2003 ("TUPE"), the dismissal of an employee will be automatically unfair
23 Apr 2019
Enforcement Of Post-Termination Restrictive Covenants At Injunction Stage Is A Balancing Act
There is a clear distinction between the enforceability of restrictive covenants during the life of the employment relationship and after its termination.
4 Apr 2019
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