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Legal Updates & Insights

  • Article

    Is it discriminatory not to top-up state paternity pay?

    New figures released by the Department of Social Protection show that over 27,000 fathers (or "relevant parents") in Ireland have taken statutory paternity leave since the introduction of this benefit via the Paternity Leave and Benefit Act 2016 (the Act). However, the question as to whether employers who "top-up" the State maternity benefit are now required to similarly top-up the relatively new

    Employment
  • Article

    Borrower could not re-litigate possession proceedings using Unfair Terms Directive

    In Cronin v Dublin City Sheriff & anor [2017] IEHC 685, Ní Raifeartaigh J, 17 October 2017 the High Court refused to set aside a repossession order in respect of a family home on the grounds that the courts granting the order had not assessed the mortgage contract under the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (the Unfair Terms Regulations) and the Directive 9

    Disputes
  • Article

    Recruitment Do’s and Don’ts - A Costly Question

    Last month, the Workplace Relations Commission (the WRC) found that the Minister of State with special responsibility for Training, Skills, Innovation, Research and Development, Mr John Halligan, illegally discriminated against a potential employee during a recruitment interview to fill the role of Private Secretary

    Employment
  • Article

    Gig economy update: Uber drivers are ‘workers’ while Deliveroo riders are self employed

    In its decision handed down last Friday, the UK Employment Appeals Tribunal (EAT) dismissed Uber's appeal of the UK Employment Tribunal's decision and agreed that Uber drivers were 'workers' for the purposes of the relevant UK legislation.

    Employment
  • Article

    Workplace banter or sexual harassment – what’s the difference?

    In circumstances where Irish law defines sexual harassment as "unwanted verbal, non-verbal or physical conduct of a sexual nature", the current spotlight is firmly focused on what is and isn't appropriate in the workplace. Exactly when does "harmless" workplace banter fall foul of this definition?

    Employment
  • article

    Energy Efficiency Targets

    John Dallas, Partner, A&l Goodbody looks at the current status of the energy efficiency targets in the Public Sector and looks at what is next?

    Energy & Natural Resources
  • Article

    Class Actions Bill presented to Oireachtas

    There has been a considerable amount of political and media discussion recently on the topic of multi-party or class actions and whether Ireland should introduce procedures to allow for such actions.

    Disputes
  • Article

    Anti-harassment policy in the workplace

    In recent weeks, the complex legality of defining sexual harassment has come into sharp focus. Irish law defines sexual harassment as “unwanted verbal, non-verbal or physical conduct of a sexual nature”. But exactly when does seemingly “harmless” workplace banter or an “innocent” flirtation fall foul of this definition?

    Employment
  • Article

    EU Competition Commissioner Addresses 2017 Web Summit

    European Competition Commissioner Vestager gave a wide-ranging speech, entitled "Clearing the Path for Innovation", at the Web Summit in Lisbon on 7 November 2017.

    EU, Competition & Procurement
  • Article

    European Commission Gives State Aid Approval to Belgian Maritime Transport Package

    On 6 November 2017, the European Commission approved, under the European Union's State aid rules, various Belgian tax measures designed to assist the maritime transport sector.

    EU, Competition & Procurement
  • Article

    Successfully Doing Business Overseas: The Case for an EU-Wide Sandbox Initiative

    Last month, the UK Financial Conduct Authority (FCA) published its "Regulatory Sandbox – Lessons Learned Report". In the Report, the FCA evaluated the progress of the UK financial regulatory sandbox during its first year of operation and tentatively concluded that the initiative has so far been a success.

    FinTech
  • Article

    Compulsory Retirement: High Court reminds employers of an essential prerequisite

    Within the last two weeks the High Court has issued a judgment which serves as a useful reminder that when it comes to the proposed retirement of an employee, the first issue an employer needs to consider is whether it is actually entitled to retire the employee at all. 

    Employment