Grievances and Discipline The WRC and the courts are concerned principally with the fairness of workplace procedures. They do not generally seek to examine grievances, complaints and disciplinary action on their merits. Many, if not most unfair dismissals arise by reason of the failure of the employer to afford fair procedures. The Labour Relations Commission’s Code of Practice on grievance […]
Insurance Obligations On Sale of Goods In an export transaction, the sale of goods contract should provide that the costsof and duty to effect insurance during transit shall be paid for and undertaken by either the seller or buyer, as the case may be. The INCOTERMS may define who is to effect and pay the cost of insurance. If goods […]
Air Transport Conventions I The Warsaw Convention deals with the limitation of liability for loss and damage incurred by passengers and cargo in air transport. The first Warsaw Convention made in 1929 was the Convention for the Unification of Certain Rules Relating to International Carriage by Air. The Warsaw Convention has been amended and has been ultimately replaced by the […]
Asbestos Overview Asbestos was formerly a very commonly used form of insulation. However, more recently it has become apparent that exposure to asbestos can cause a number of serious physical conditions, affecting, in particular, the lungs. The adverse effects may not occur for some significant time after exposure. Many forms of asbestos have been banned entirely. Asbestos was not regulated […]
Biological agents Exposure to biological agents may arise in a host of industries and settings. It is a particular risk in hospitals, laboratories, waste disposal, farming and veterinary. It may also arise in prisons, post offices and other settings. The regulations in relation to biological agents implement EU Directives. They apply to a wide range of biohazards which are classified […]
Overview of Hazardous Chemicals There are specific and detailed requirements in relation to chemicals and dangerous substances. Many of these obligations are imposed for the benefit of the public, for reasons of environmental health and safety, as well as the safety of employees. There are more detailed requirements in relation to certain chemicals and materials including carcinogens, lead and asbestos. […]
Regulator The Radiological Protection Institute of Ireland regulates the use of radiation. The Department of the Environment and Local Government is primarily responsible for non-ionising radiation monitoring. The RPII licenses the use of custody, manufacture, importation, transportation and disposal of radioactive material. It licenses the use of both ionising and non-ionising radiation. A licence is granted by the RPII, only […]
Entitlement to Maternity Leave A pregnant employee is entitled to leave, (maternity leave), from her employment for a period (the minimum period of maternity leave) of not less than 26 consecutive weeks. Part may be postponed. The Minister may by order, made with the consent of the Minister for Social and Family Affairs and the consent of the Minister for […]
Maternity Discrimination Pregnancy may raise issues of equality and discrimination in employment. Discrimination on the grounds of sex or gender is unlawful. Discrimination specifically includes less favourable treatment of a woman on account of pregnancy or maternity leave. Failure to employ a person due to the possible effect on the employer of pregnancy and maternity leave constitutes direct discrimination. The […]
Entitlement to Paternity Leave An employee who is a qualifying parent in relation to a child is entitled to 2 weeks’ leave from his or her employment, known as “paternity leave”, to enable him or her to provide, or assist in the provision of care to the child or to provide support to the relevant adopting parent or mother of […]
Persons Entitled to Parental Leave Employees and certain others are entitled to parental leave rights. An “employee” for this purpose means a person employed under a contract of service or apprenticeship. The following are deemed to be employees for the purpose of parental leave; a person places by an employment agency who personally performs any work or service for a […]
EU Directives I The Parental Leave Act 1998, as amended by the Parental Leave (Amendment) Act 2006, governs parental leave. It implements EU Directives. The legislation provides for unpaid leave of up to 26 weeks in total (increased from 18 in 2020). A revised Directive on Parental Leave took effect in March 2012. The Directive seeks to promote equal opportunities […]
Overview of Carer’s Leave Carers leave is governed by the Carer’s Leave Act 2001 as amended in 2006. Carers leave may be available to an employee with over 12 months’ service. Up to 104 weeks’ carers leave may be taken to look after an ill or incapacitated person, while preserving a right to return to work. A person may take […]
Overview I Adoptive leave is broadly similar to maternity leave. The legislation applies to domestic adoptions and adoptions from abroad. The principal entitlement is to take leave of a minimum of 24 weeks from the date the placement for adoption. An employee is entitled to take up to 16 additional weeks’ adoptive leave after termination of normal adoptive leave. Notice […]
Dismissal Dismissal means the termination of the employment contract, whether or not a proper notice was given. A person is generally dismissed where he is unequivocally told that his employment is at an end or the circumstances make this abundantly clear that this so. An employee’s repudiation of the contract is likely to be deemed a self-dismissal in highly exceptional […]
REAs Registered Employment Agreements apply automatically to all the relevant group or type of employees in the sector, job type and grade to which they apply. The terms of a registered employment agreements in relation to pay and conditions of employment are incorporated in employees’ contracts, of employees to whom it is subject. A registered employment payment does not prejudice […]
Shareholders’ Freedom As a general principle, the decision of the majority in value of the shareholders prevails. Shares are property and they may be used as the shareholder wishes, in his own interests. Subject only to the constraints mentioned below, shareholders have considerable latitude in relation to the manner in which they use their powers. Generally, the votes of the […]
EU Regulation EU-wide regulations govern the relationship between self-employed “commercial agents” and their principals. A “principal”, under the Regulations, is a company or individual who appoints the agent.The regulations apply to both written and oral appointments. The regulations may override the terms of the agency agreement in certain respects. This is because many of the provisions of the regulations are mandatory. A […]
Overview I The use of self-employed agents abroad is a long-established method of marketing and selling. The agent concludes contracts for the supply of goods and services on behalf of the exporting firm. The agent usually works on the basis of a commission. The agent in this context is usually the exporter’s representative in another country. He is not the principal’s employee. […]
Commercial Agency Agreement An agency agreement may be exclusive or non-exclusive. An exclusive agency agreement involves the appointment by the principal of the agent for a period, for the sale of the principal’s products in a specific territory. In the case of an exclusive agency, the principal agrees not to appoint any third-party to be its exclusive agent. A non-exclusive agency agreement […]
