Barry Reynolds: International Employment Articles Archive - DAC Beachcroft

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Barry Reynolds: International Employment Articles Archive

Published On: 30 May 2014

January 2014

Which country’s laws govern the employment of a worker where services are provided across jurisdictions, or when employees relocate?

This article considers a recent Irish case on the issue.

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November 2013

Recent Judicial Review Development in Ireland

The recent High Court case of Kelly v Board of Management of St Joseph’s National School considered which decisions fall within the ambit of Judicial Review. The judgment also highlights the importance of objective third party recommendations in internal employment decision-making processes.

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October 2013

Agency Workers – Guidance on the extent of Equal Pay Obligations in Ireland

This article outlines recent developments in the field of equal rights for agency workers in Ireland.

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September 2013

New Whistleblowing Regime in Ireland

Steps are underway towards enacting Ireland's first comprehensive, cross-sectorial whistleblower legislation.

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August 2013

Determining employment status in Ireland; further clarity or increased uncertainty?

The question of whether or not an individual service provider is an employee or independent contractor is crucial for businesses in managing their costs and risks. In Ireland, this is not always a straightforward issue to determine, but recent cases have helped to clarify some key issues.

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July 2013

Changeover of Contractors in Ireland

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (“the Regulations”) set out the law governing business transfers in Ireland. The purpose of the Regulations is to safeguard the rights of employees when there is a change in the legal owner.

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June 2013

An Open & Shut Case? EAT guidance on misconduct dismissals in Ireland

This recently published decision of the Employment Appeals Tribunal in Morales v Carton Bros emphasises the importance of following fair procedures in misconduct dismissals, even where there appears to be an open and shut case.

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May 2013

Compulsory Retirement in Ireland – Key Developments in Ireland

The phased increase in the State pension age (from age 65 to age 66 next year with further increases to follow) has set the scene for employees to challenge their "retirement date". It is significant then that recent determinations of Ireland's Equality Tribunal confirm that employees can do so on the grounds of age discrimination.

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April 2013

Protecting proprietary rights in the absence of non-compete and non-solicitation clauses

Allied Irish Bank plc - Diamond & Others is a notable example of a business succeeding in protecting its proprietary rights in circumstances in which non-compete clauses and non-solicitation clauses did not feature in the employment contracts. The case is also important in setting out the legal test for awarding temporary "springboard" injunctions.

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March 2013

Higgins and Another v Governor & Co of the Bank of Ireland

The Plaintiff, a Branch Manager at the Defendant bank, was placed on a lengthy period of special paid leave during which the bank conducted enquiries eventually leading to his dismissal. He sought damages for wrongful dismissal, conspiracy and defamation. The hearing lasted for 51 days. The judgment is interesting not only because of the length and the complexity of the trial, but also in its canvassing of the legal position regarding a number of key procedural issues for employers.

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January 2013

"Corporate bullying" and psychiatric injuries

There have been numerous high profile judgements relating to workplace-induced psychiatric injury. In recent years this type of action generally came to be perceived as increasingly difficult for a claimant to win in Ireland. However, the judgment this year in Kelly v Bon Secours has again raised employers' antenna in relation to "stress claims" and has important implications for future such claims.

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