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Employment Law Update: The Law on Non-Disclosure Agreements Between Employers and Employees

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The Maternity Protection, Employment Equality & Preservation of Certain Records Act 2024 was signed into law by the President on 28 October 2024.
The 2024 Act inserts section 14B to the Employment Equality Act 1988, which states that an employer cannot enter a non-disclosure agreement (“NDA”) with an employee. If such an agreement is entered into, it shall be null and void. An NDA is an agreement, or a provision of an agreement, which may or may not be in writing, between an employer and an employee, that aims to prevent the employer and/or employee from making a relevant disclosure.

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Employment Law Guide: Postponing Maternity Leave in Cases of Serious Illness


The Maternity Protection, Employment Equality & Preservation of Certain Records Act 2024 was signed into law by the President on 28 October 2024.
The 2024 Act inserts section 14C to the Maternity Protection Act 1994, which allows an employee to postpone their maternity leave for between 5 and 52 weeks if they are suffering from a serious health condition. Ireland is one of the first countries in the world to implement such measures and it follows from the ‘Leave Our Leave’ campaign by the Irish Cancer Society.

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The Right to Request Remote Work: A Balancing Act for Irish Employers and Employees

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In February 2020, COVID-19 arrived in Ireland, quickly leading to the COVID-19 pandemic, which caused one of the longest lockdowns experienced in Europe. The lockdown led to most of Ireland’s workforce not being able to work in their buildings or offices, causing a majority of them to work from home. Before 2020, remote work was once seen as a luxury or a niche option but is now the norm, and the demand for remote work has been increasing since then, with most businesses now offering remote work as a way to cut down on extra costs. Remote work saw a large impact on the legal sector, with most firms still recovering to pre-pandemic operations. In response to remote work becoming more popular within Ireland, the Irish government aimed to establish a legal framework to govern remote work practices.

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Public Holidays 2024

There are ten public holidays in 2024. When a public holiday arises every employee is entitled to a paid day off on the day of the holiday, unless the employer decides to treat it as a normal working day. If the employer decides not to allow the public holiday or if the holiday falls on a day that is not a normal working day (such as a weekend), the employer may elect to give the employee either:

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Employment Law: Enhanced Protections for Breastfeeding Workers, Parents and Carers

The Work Life Balance and Miscellaneous Provisions Act 2023 was signed into law on 4th April last, with the provisions to take effect upon Commencement Orders as signed by the Minister. The new rights under the Act include:

  • A right for parents of under 12s and carers to request flexible working;
  • A right to five days leave each year (unpaid) for personal care for serious medical reasons for parents or family carers;
  • A right to request remote working;
  • A right to five paid days leave each year for victims of domestic violence;
  • An extension of the right to paid breastfeeding breaks  from six months to two years.
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Employment Law Guide: Bullying and Harassment at Work

No employer wants to learn that one of their employees is experiencing bullying or harassment at work. Workplace bullying is a health and safety issue and employers have a duty to provide a safe place of work. The consequences of failing to so provide can be extreme; ranging from lost productivity to reputational damage to high staff turn-over to civil liability for personal injuries or constructive dismissal. Continue reading

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