A Guide to Defamation Law in Ireland
Defamation in the Workplace What is the Defamation Act 2009? The purpose of the Defamation Act 2009, is to ensure that an individual’s right to a good name, under the Irish Constitution, is upheld. What are the Elements of Defamation? The essential elements of the tort of defamation are that a statement be published, which
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A Guide to Data, Privacy and GDPR in the Workplace
GDPR in the Workplace The General Data Protection Regulation (GDPR) places significant obligations on Irish employers in relation to how they collect, use and protect employee data. Employer Data Obligations Irish employers need to have adequate data protection training, policies, procedures and protocols in place, to secure employee data rights. Employee Data Protection Rights Irish
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Reporting a Data Breach – The Key Considerations
Introduction A personal data breach occurs when the data is accessed, disclosed, altered, lost or destroyed in contravention of an organisation’s obligation to keep personal data in its possession safe and secure. As an employer, you have a duty to ensure the safety and integrity of the data you store and process on behalf of
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Non Payment of Wages and Unfair Dismissal
Payment of Wages Resources: Guide to Payment of Wages under Irish Employment Law Bringing a Payment of Wages Claim Payment of Wages Cases and Claims Non Payment of Wages and Unfair Dismissal Unfair Dismissal Law Resources: Guide to Unfair Dismissal under Irish Employment Law Bringing an Unfair Dismissal Claim Alternative Sanctions to Dismissal Unfair Dismissal Cases
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GDPR and Personal Devices – The Potential Pitfalls
Introduction – GDPR and Personal Devices A recent case in Poland highlights the pitfalls of employees using personal devices to process work-related information. The Warsaw University of Life Sciences (SGGW) was found to have exposed the personal data of students and prospective degree candidates back in November 2019. Up to 100 students may have had
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Acting Up – Considerations under Employment Law
Introduction An interesting case was recently decided by the Labour Court which spoke to some of the criteria to be examined when assessing the legal characterisation of an employee ‘acting-up’ or occupying some temporary interim role. This case came before the Labour Court on appeal of a decision of the Workplace Relations Commission (WRC) against Mr. Power,
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When is an Employee on Lay-off or Suspension?
Introduction – Lay-off or Suspension? An interesting case recently arose wherein an employee claimed he was on lay-off, while the employer claimed he was suspended. The Workplace Relations Commission (WRC) examined the criteria it would analyze, when determining which category the employee fell into (ADJ-00026100). Section 7(1) of the Redundancy Payments Acts 1967-2015 provides: “An
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Time Limit for Appeals to the Labour Court
In general, an appeal to the Labour Court must take place within 42 days from the issuing of the decision of the WRC, unless exceptional circumstances can be proven by the party making the appeal. Introduction A recent decision by the Labour Court highlights some of the issues surrounding the timing of making an
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Covid-19 and Employee Wellbeing
Negative impact on physical and mental wellbeing of Irish workers under Covid-19 highlighted in national research – Laya Healthcare Employers have a duty to ensure employees’ safety, health and welfare at work, as far as reasonably practicable. To reduce the spread of Covid-19, employers must take certain actions. These include providing and maintain a safe
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Irish Legal News – Specialist Workplace Law Firm
“Our goal is to build a practice that can bring deep legal knowledge and expertise in servicing both employer and employee client requirements.” Solicitor Barry Crushell has announced the launch of a new specialist workplace law firm, Crushell & Co Solicitors. Mr Crushell, who trained with Arthur Cox and previously founded the Dublin and London
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