We are absolutely delighted and very proud to be shortlisted in the Junior Chamber Ireland Ireland Friendly Business Awards. We were nominated for the awards, and the underwent mystery shopping, before being selected as one of the Friendliest Businesses in Ireland in the categories of Social Impact and Digital Experience. We look forward to the final selection! The awards aim to recognise businesses that excel in serving the needs of the community and its development, and we are so proud to be recognised for our work in doing so!
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:
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.
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.
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
Solicitor, Lisa Quinn O’Flaherty has been invited to take part in a panel discussion on innovation in the legal profession and the business of law, at the Innovate Legal: Dublin event, which will take place at Huckletree, Pearse Street on Tuesday 17th September at 18.00pm. This is one of a series of information events for legal professionals organised by Clio, and the first to take place in Ireland. Lisa will be discussing, together with other legal innovators, what Fitzsimons Redmond does to ensure that we are on top of legal trends and what we do differently to ensure a high standard of client service.
The event is free and open to the public. Tickets may be booked via eventbrite:
Under GDPR, employers are entitled to monitor employee activity if they have a lawful basis for doing so and the purpose of their monitoring is clearly communicated to employees in advance-before any data is recorded the data subject must be warned. A system used to monitor the building for security purposes will usually be easy to justify. The use of CCTV systems in other circumstances – for example, to constantly monitor employees – can be more difficult to justify and could involve a breach of the Data Protection Acts. Should an employee object to the use of CCTV cameras in a particular area, the GDPR test places the burden on the employer to demonstrate that it has “compelling legitimate grounds” for processing that override the employees’ rights, or for the establishment, exercise or defence of legal claims.