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Author: Lisa Quinn O'Flaherty (page 1 of 6)

Employment Law Guide: Employment References

 

An employment reference can take a number of forms; it can be a once-off letter written when the worker leaves, a phone-call or email to a prospective employer or a form designed by the prospective employer seeking the responses of the former employer. Regardless of the format, employers are advised to proceed with some degree of caution.

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Arbitration and Injunctive Relief

Parties to an agreement sometimes express concern that an arbitration clause may restrict access to speedy and effective interim relief in the event that the other party breaches the contract.

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Arbitration Clauses and Mandatory Stays of Litigation

People often assume that their right to litigate a dispute is an absolute right and that they will not be denied a right of access to the Courts. However, where they have agreed to be bound by an arbitration clause, they will almost certainly be denied the right to litigate. An arbitration clause is not something to be taken lightly. Arbitration is given such weight in law that the Court has no option but to stay proceedings except in very limited circumstances. Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration, as adopted by Ireland in the Arbitration Act 2010 allows a Court to refuse a stay only where:

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Employment Law Update: The Zalewski Effect

The full impact of a recent Supreme Court decision on the procedures in the Workplace Relations Commission remains to be seen, but for now the WRC has adopted measures to ensure the administration of justice in public.

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Defeating Discrimination

Actionable discrimination or inequality arises where a person is shown less favourable treatment on the basis of their:

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Data Protection Update: The end of the Brexit Transition Period and GDPR

There was some concern that after the 31st of December 2020, Irish and EU businesses would no longer be able to freely transfer personal data in the same manner as previously. While businesses were right to have this risk on their radar, the eleventh hour Trade and Cooperation Agreement did make provision for the continued smooth flow of personal data. This means that we do not have to regard the United Kingdom as a third country for the purposes of GDPR. We may effectively continue as before.

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OK Boomer: Ageism and Employment Equality

Thankfully the past few years have involved much discussion about the need for, and the benefits of inclusion and diversity in the workplace. It is wonderful hear of people with disabilities and people from traditionally marginalised backgrounds being finally offered true equality of opportunity in the work place.

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All About Arbitration

Arbitration is a method of alternative dispute resolution where both sides agree to have their dispute decided upon by a private, independent third party rather than by a court. Arbitration has a long history in Ireland, having roots in Brehon Law. It also has the backing and support of the legislature and the Courts by way of the Arbitration Act. Arbitration may be used to resolve any dispute that would otherwise be resolved by the Courts.

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Data Protection Guide: Notification of Data Breaches to the DPC

Ordinarily at this time of year, I advocate a total switch off from all things work. However, the one thing that does not take a break over the Christmas period is the obligation to report a data breach to the Data Protection Commissioner. All data breaches must be notified within 72 hours.

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Data Protection Guide: Understanding Data Protection Agreements

A Data Protection Agreement is necessary when an organisation allows any third party to access or process personal data. This includes storage of files in the cloud, the use of work management systems, marketing or bulk-email software, as well as any situation where you allow access to an individual’s personal data by anyone outside of your organisation. If you are sharing personal data, it is your obligation to ensure that there is a DPA in place.

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