Northern Ireland Court of Appeal dismisses Holiday Pay appeal

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In a further milestone for the holiday pay saga, the Northern Ireland Court of Appeal handed down its judgment of the appeal of the Industrial Tribunal decision in Alexander Agnew and Others v Chief Constable for the Police Service of Northern Ireland, effectively dismissing the appeal on all grounds and upholding the Tribunal's decision.

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Top Employer-related Brexit Queries

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Ireland has a unique position in the midst of the Brexit debate. Logistically for employers, Brexit has the potential to cause huge issues, particularly where employees' roles require frequent travel across the EU. We have set out the top five issues that Irish employers will face after Brexit

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Amendment to The Carriage of Dangerous Goods Regulations (Northern Ireland)

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The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 will come into operation on 18 June 2019. The new regulations, when in effect, will amend the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010. In Northern Ireland, the regulations will transpose, in part, the radiological emergency preparedness and response re

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Conducting Grievance Procedures

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Grievance procedures sometimes take a back seat for employers compared to disciplinary matters and urgent HR issues. However, failure to address grievances in a timely and thorough manner can expose employers to significant financial and reputational risk.

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Court of Appeal refuses security for costs - inability to pay caused by applicant

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In Tír Na N-Óg Projects (Ireland) Ltd v P.J. O'Driscoll & Sons [2019] IECA 154, Peart J, for the Court of Appeal, found that the applicant's failure to institute judicial proceedings to obtain a default planning permission within the prescribed time limit was the prima facie cause of the respondent's inability to satisfy a future costs order. The Court of Appeal upheld the decision of the High...

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Discovery refused on the basis of past breach of implied undertaking by solicitors

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In Waterford Credit Union Ltd v J & E Davy [2019] IECA 157 the Court of Appeal refused discovery of a category of documents, even though it deemed them both relevant and necessary, because the plaintiff's solicitors had breached their undertaking not to disclose information contained in documents discovered in unrelated proceedings. Peart J refused to order discovery to prevent the defendant su...

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Gaming and Betting in Ireland 2019

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Máire Conneely (Litigation & Dispute Resolution Senior Associate) recently attended the IAGA International Gaming Summit in California (4-6 June). Over the course of three days, the 2019 Summit included a wide range of sessions focused on key issues facing the global gambling industry. As part of this Máire featured an article in the June Issue of G3 (Global Games and Gaming Magazine) where sh...

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Landmark EU case puts proper tracking of employees’ working hours top of the agenda

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This decision clarified that all employers must have a suitable system in place to ensure they are recording employees’ daily and weekly working hours. As Ireland’s working time legislation already requires employers to keep such records, this case may not have the same ramifications for employers here as it will have for employers in other European Union jurisdictions. That said, the practica...

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Financial Services Regulation and Compliance Bulletin - Cross Sectoral May 2019

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Domestic News – There are many noteworthy items to report cross-sectorally on the domestic front this month, however the most notable being, the keynote speech on the topic of the Senior Executive Accountability Regime (SEAR) delivered by the Director General of the CBI Derville Rowland. European News - On the European front, ESMA has published data for the double volume cap and the system int...

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Financial Services & Regulation Bulletin - Insurance May 2019

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Two CBI publications shed light on the CBI's expectations this month: the Intermediary Times Newsletter which provides updates on Brexit planning and a keynote speech by the Deputy Governor of the CBI at the Insurance Ireland annual lunch in which he addressed some challenges and common issues arising in the insur...

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