This post is a reminder to myself to do a blog post at the weekend on the Department of Social Protection’s new guidelines on determining employment status. This is an important Code of Practice and one that is suitable for publication on my employment law website, EmploymentRightsIreland.com The Supreme Court decision in the Domino’s Pizza… Continue reading Determining employment status-updated Code of Practice
Category: Law
Our first Injuries Resolution Board mediation
We received our first invitation this week to a mediation by the Injuries Resolution Board. This is a new development which I believe commenced in 2024 and covers workplace injury and public liability claims. Road traffic claims are to be included later in 2024. You must indicate at the outset on the claim form which… Continue reading Our first Injuries Resolution Board mediation
The accrual of annual leave: EU law influences WRC decision
I came across an employment case during the week that was a bit of an eye-opener. It was to do with a claim for unpaid annual leave. Nothing unusual there. But the claim went back to the beginning of the employment-over 3 years-and the adjudicator made an award for all years. The surprising point about… Continue reading The accrual of annual leave: EU law influences WRC decision
High Court decision in Crown Paints injunction application is excoriating
High Court decisions are usually dry enough affairs. They usually apply the relevant legal principles to the facts at hand and arrive at a rational, reasoned decision. Occasionally, however, the decision can provide entertaining reading, especially when it deals with populist slogans masquerading as legal arguments. The decision from the High Court yesterday in the… Continue reading High Court decision in Crown Paints injunction application is excoriating
How can a judge applying the law be described as corrupt?
I published a video yesterday about a guy being acquitted in the District Court on a drink driving charge. The Judge applied the law and found that the blood sample on which the prosecution was relying could not be admitted into evidence. Because the motorist should also have been given the chance to give a… Continue reading How can a judge applying the law be described as corrupt?
An area of significant risk for small employers
An area of serious risk for small employers is the whole area of human relations, disciplinary procedures, workplace investigations, and so forth. The larger employer has HR departments or a number of HR professionals on their payroll. They may even have in house legal counsel and/or external solicitors on retainer. But the small employer who… Continue reading An area of significant risk for small employers
When I have bad news to deliver
One of the most frustrating parts of giving consultations, especially in person consultations, is when the person who I am advising does not take the advice well. In fact, not only do they not take the advice with equanimity, but they lose the head completely and demonstrate a scary irrationality in their response. Often, we… Continue reading When I have bad news to deliver
A surreal experience at the Residential Tenancies Board
I had a surreal experience recently at a Residential Tenancies Board adjudication. Despite not being paid rent for the best part of two years, notwithstanding the submission of two case files in advance of the hearing, and, to put the tin hat on it, despite the fact that the tenant did not show up for… Continue reading A surreal experience at the Residential Tenancies Board
The 6 good reasons to make a will leaflet drop
I did a leaflet drop around Enfield in 2013 when I started my solicitor’s practice first. And I am going to repeat the dose in the next few weeks, just to see how effective it is in 2024. The cost of having the leaflets printed is so low that I do not need to many… Continue reading The 6 good reasons to make a will leaflet drop
The right to remote working is non-existent
The right to remote working is non-existent. The employee’s right is to ask the employer to be allowed work remotely. All the employer has to do is consider the request fairly and objectively and the employer’s duty is discharged. Amazon have ordered all of their employees back to the office and it will be interesting… Continue reading The right to remote working is non-existent