The Employment (Miscellaneous Provisions) Bill 2017 was recently passed by Dáil Éireann, and depending on progress made before Seanad Éireann in the autumn, it could be enacted by the end of the year. The Bill forms part of the Government's proposals to tackle zero hour contracts and uncertain working conditions.
EmploymentIn a white paper issued last week by the UK Government the post-Brexit status of the UK's employment legislation derived from European Union law appears to be no longer in doubt. Despite a high degree of speculation about proposed changes since the referendum outcome, the paper indicates no intention to repeal or amend employment or equality law.
BrexitAnother significant damages award for workplace bullying has been handed down by the High Court.
EmploymentIn DPP v Aston Carpets and Flooring Limited and Brendan Smith [2018] IECA 194, Court of Appeal, 20 June 2018 (Mahon J, Birmingham J, Edwards J) the DPP applied to the Court of Appeal for a review of the defendants' sentences on the basis that they were unduly lenient.
DisputesThe Court of Appeal held that discovery should not be ordered unless all other available options had been properly explored. It refused a request for discovery of certain categories of documents on the basis that the application was premature and the plaintiff should first ask the High Court for permission to deliver interrogatories on the matters at issue.
DisputesOn 25 June 2018, the US Supreme Court held that American Express’s anti-steering provisions do not breach US antitrust law (Ohio et al. v. American Express Co. et al (No. 16–1454).
EU, Competition & ProcurementThe High Court decided that a receiver had not persuaded the Court that he had a strong argument that he was validly appointed in circumstances where he was appointed as 'receiver' in the Deed of Appointment and the underlying Deed of Mortgage referred to the appointment of a 'receiver and manager'.
DisputesThe Court of Appeal has held, that documents which were protected by litigation privilege in legal proceedings were not protected by litigation privilege in subsequent proceedings in circumstances where the original proceedings had concluded, and the subsequent proceedings were not 'closely related' to the original proceedings.
DisputesDavid Berkery, partner in the Aviation & Transport Finance department looks at recent structural developments in aircraft ABS transactions including the increased liquidity of E-notes and co-issuer structures.
Aviation & Transport FinanceOn the domestic front, Central Bank of Ireland (CBI) personnel addressed the capital requirements and the sustained risks of non-performing loans (NPLs), while publications included the 2018 Macro Financial Review...
Financial RegulationThis month was comparatively quiet. The CBI released a Markets Update for Fund Management Company Directors and the European Securities and Markets Authority (ESMA) held a supervisors' workshop in closet indexing.
Financial RegulationHome developments include the European Union (Insurance Distribution) Regulations 2018 being published and the CBI consulting on changes to domestic actuarial regime and related governance requirements. From the European side, developments include the European Insurance and Occupational Pensions Authority (EIOPA) calling on supervisors to remind insurers of their duty to advise customers....
Financial Regulation