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Category: Articles (page 2 of 4)

Employment Law Guide: Health and Safety at Work

The Safety, Health and Welfare at Work Act 2005 as amended provides that employers must

  • Do all that is reasonably practicable to ensure the safety, health and welfare of their workers
  • Manage and conduct work activities (including behaviors at work) so as to avoid a risk to their workers
  • Plan and maintain a safe system of work
  • Plan and maintain a safe workplace including all equipment
  • Prevent known risks
  • Provide personal protective equipment where it is needed
  • Provide training in the relevant language

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Employment Law Guide: Collective Redundancy

A collective redundancy arises when the employer intends to make redundant the roles of a large number of employees. This can arise where the business is shutting down or where the employer has decided to carry on with a reduced number of employees. Unfortunately, given the pandemic-related stresses on businesses, we can expect to see more collective redundancies as businesses succumb to the pressures. Continue reading

Data Protection Guide: Fees for Subject Access Requests

In recent months, I have noticed an increase in fees being charged for the compliance with data subject access requests, by some organisations. The purported fee is named as being to cover the cost of redaction, administration or copying, and is in many cases unlawful. Continue reading

Employment Law Guide: Termination for Unsafe Conduct

Employers have an obligation to provide a safe place of work for all of their employees, as well as to ensure that no members of the public are endangered by their activities. When an employee breaches health and safety legislation or the health and safety policy of the company, the employer must always take this conduct seriously. Failure to do so can leave the employer open to both civil and criminal liability. Continue reading

Employment Law Guide: Protected Disclosures

A protected disclosure is whistleblower protection for an employee, granted under the Protected Disclosures Act 2014. It arises where an employee uncovers wrongdoing by the employer, and protects the employee from reprisals. The effect of the legislation to encourage employees to speak up when they become aware of wrongdoing. Continue reading

Employment Law Guide: Fair Selection in Redundancy

Given the pressures faced by businesses during the pandemic, it is saddening but not surprising to see a rising number of workers being made redundant. A redundancy arises where the employer ceases trading or has a diminished need for employees. Continue reading

Employment Law Update: Lay-off and Short Time during Covid-19 Crisis

The pandemic has required many businesses to make changes to their relationships with their employees. The pressures of business closures and restrictions have made it impossible for many businesses to fulfil their employment contracts. Continue reading

Employment Law Guide: Fixed-Term Workers

 

A fixed- term or temporary worker is employed under a contract of services, which is characterised as having a defined end point. The contract may be one of a fixed duration for example one year, or one that will end when a specific event occurs such as the completion of a project. These contracts can be beneficial to both employee and employer. There is no legal limit to the duration of a fixed term contract. Continue reading

Employment Law Guide: The Law on Breastfeeding in the Workplace

As we celebrate this years World Breastfeeding week, I am conscious of the inequalities of opportunity for breastfeeding mothers in the workplace and their babies. I am lucky enough to have recently returned after maternity leave to a workplace that is wholly supportive of breastfeeding. I have a nice private office where I can comfortably express milk as I work away, and colleagues who are unfazed by the whir of my double electric pump, as they pop in to my office for chats, and even bring documents from the printer so that I don’t have to unlatch the pump to do it myself. It feels uncomfortable to me that this is not a universal experience, given that breastfeeding up the age of two and beyond is both biologically normal and recommended by the World Health Organisation and most health experts. Continue reading

Are you covered? Business interruption insurance and COVID-19

We are all too aware that COVID-19 has had catastrophic financial effects on many Irish Businesses. The first place companies should look to is their specific insurance policy to ascertain if they actually have cover for the financial losses incurred as a result of the COVID-19 disruption/interruption. Continue reading

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