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Searching Content indexed under Employment Litigation/ Tribunals by Arthur Cox ordered by Published Date Descending.
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1
Accidents At Work: Court Of Appeal Reiterates There Is Not "Unlimited" Employer Liability
Employers owe both a common law and statutory duty to ensure the health and safety of their employees. But how extensive is this obligation and when are employees responsible
Ireland
2 Aug 2019
2
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
Ireland
16 Jul 2019
3
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...
UK
13 Jun 2019
4
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
Ireland
1 May 2019
5
Labour Court Highlights Limits To TUPE Protections: Refusal To Transfer Amounts To Resignation
In Adina Predut v Rapier Contract Services Limited, the Labour Court found that an employee terminated her own employment when she refused to transfer to a new employer under the European Communities ...
Ireland
11 Apr 2019
6
The Bar Remains High For Employees In Constructive Dismissal Claims
In both Kaydee Cosmetics Limited v Elizabeth Blake and Cedarglade Limited v Tina Hliban, the Labour Court upheld the decision of an Adjudicator Officer to dismiss complaints of constructive dismissal.
Ireland
12 Oct 2018
7
Weekly Programme Of Hearings In Labour Court With Parties Named Now Publicly Available
With effect from today, 24 September 2018, the Labour Court will publish on its website a weekly programme of employment rights hearings.
Ireland
27 Sep 2018
8
*10 Employment Status And The Gig Economy — Where Are We Now?
Engaging services through what has become widely known as the "gig economy" has become increasingly popular in recent years.
Ireland
26 Mar 2018
9
The Lady Doth Protest Too Much? – Employment Status Following The Uber Decision
Uber markets itself as "a location-based app that makes hiring an on-demand private driver…easy." Uber claims that "for drivers, Uber provides exceptional pay...
Ireland
17 Nov 2016
10
Protected Disclosures Legislation Shows Its Teeth With First ‘Statutory Injunction' Granted
Just under two years since the Protected Disclosures Act 2014 came into force, it has been widely reported in the last few days that the first order for interim relief under the 2014 Act...
Ireland
15 Aug 2016
11
Disciplinary Processes – Court Of Appeal Judgment Serves As A Useful Reminder Of Some Fundamental Principles
In a recent judgment concerning the lawfulness of a disciplinary process to which an independent contractor had been subject, the Court of Appeal neatly restated some principles that are fundamental...
Ireland
1 Aug 2016
12
Trade Union Intervention In Non-Union Companies – Where Next After Freshways?
This article first appeared in Industrial Relations News on 7 July 2016.
Ireland
28 Jul 2016
13
Defining Workplace Bullying – Landmark Judgment Clarifies Key Principles
A landmark court decision has provided essential practical guidance to employers seeking clarity on what constitutes bullying under Irish law.
Ireland
15 Apr 2016
14
Pensions Update, Autumn 2015
This update applies to deferred benefit schemes and concerns the recently published Pensions Authority Financial Management Guidelines for Defined Benefit Schemes.
Ireland
12 Oct 2015
15
High Court Awards €16,000 For Failure To Risk Assess A Workstation
High Court awards €16,000 for failure to risk assess a workstation. Failure held not to be causative but a contributory factor in the development of a chronic inflammatory condition.
Ireland
1 Oct 2015
16
DPP Appeal Against Lenient Sentence Fails For Inadequate Service And For Being Out Of Time
The People at the suit of the Director of Public Prosecutions .v. Patrick Monaghan (Drogheda) Limited. [2014] IECA 52.
Ireland
1 Oct 2015
17
Pensions Update - Spring 2015
There were two key issues in the High Court case which were appealed by the employers to the Court of Appeal. The first related to when the employers' contribution liability terminated.
Ireland
29 Mar 2015
18
Omega Pharma: The Appeal
As we reported last December, the Court of Appeal affirmed the High Court’s judgment in the Omega Pharma case.
Ireland
28 Mar 2015
19
Funding At MFS Level May Not Satisfy Employer’s Liability To Contribute To DB Scheme
The decision was given in Holloway & Ors v Damianus BV & Ors. Arthur Cox represented the trustees (the "Trustees") in the case.
Ireland
19 Dec 2014
20
Failure To Implement Improvements Following Risk Assessment Leads To Prosecution
In October 2014 in Dublin District Court, Dublin Zoo was given the benefit of the Probation Acts after they made a full apology, gave a €5,000 contribution to charity, and entered a guilty plea to a charge of breaching section 19.4 of the Safety Health and Welfare at Work Act 2005.
Ireland
7 Nov 2014
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