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Non- Compete Clauses: Peter Bellew v Ryanair High Court – [2019]

Non- Compete Clauses: Peter Bellew v Ryanair High Court – [2019] As 2019 came to a close, the High Court issued one of its final decisions of the...

Right to legal representation in workplace disciplinary procedures

The Supreme Court, in McKelvey v Irish Rail [2019], have issued a welcome clarification of an employee's entitlement to ‘representation’ during...

Contracts of Employment: Overhaul of Sunday Premiums

In the recent case of Trinity Leisure Holdings Limited (t/a Trinity City Hotel) v Kolesnik & Anor [2019] IEHC 654, an employer was successful...

Prenuptial Agreements

As such prenuptial agreements have been on the increase where couples wish to be as honest as possible with each other before they marry.  A prenuptial agreement can help couples begin their marriage with an honest disclosure of their respective financial positions...

Leave Entitlements in Surrogacy Situations

The first of the above mentioned cases was an Irish case, Z v A Government Department and the Board of Management of a Community School (C-363/12). In said case Ms Z applied for adoptive leave but was refused same since there is no express provision in Irish...

Compulsory Retirement Age

The Employment Equality Acts 1998 to 2011, duly prohibits discrimination in the work place on the grounds of age, however, section 34 (4) of the said Acts, expressly provides that “it shall not constitute discrimination on the age ground to fix different ages for the...

Recent Equality Tribunal Decisions Offer Warning for Employers

It must be noted that there is  no specific tort of  bullying and/or harassment in this country and thus claims have to made within existing causes of action, most of which were never designed to deal with this difficult area. One such cause of action is a harassment...

Dealing With Employees Access to Confidential Information

In essence and put simply it is information which parties to a contract or arrangement require not to be made public or disclosed to third parties. It is clear that, as stated, the aforementioned definition is very broad and in reality varies from business to...

Dismissal for Facebook post about gay marriage – Unfair

The case of Smith v Trafford Housing Trust is one such case.... Mr. Smith was a practising Christian and occasional lay preacher and a housing official with Trafford Housing Trust. The claimant read a newspaper article one weekend about gay marriage in church and...

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