Health and Safety Law Update – Corporate Manslaughter fine of £480,000 for UK Company

In a recent briefing from the Health and Safety Review, the long awaited decision in the corporate manslaughter prosecution case of Crown Prosecution Service v Lion Steel Limited : Manchester Crown Court July 2012 has been concluded. The Company pleaded guilty to a corporate manslaughter charge was fined £480,000 or [...]

By |2019-10-18T10:16:21+00:00July 31st, 2012|Health and Safety Law|Comments Off on Health and Safety Law Update – Corporate Manslaughter fine of £480,000 for UK Company

Press Release – update on the review of copyright legislation by the copyright review committee

The Independent Copyright Review Committee is currently in the process of evaluating the approximately 180 submissions it has received since the publication of its comprehensive discussion document on February 29, 2012, according to the press release issued yesterday. The Department of Jobs, Enterprise and Innovation is publishing these submissions on [...]

By |2019-10-18T10:16:21+00:00July 31st, 2012|copyright|Comments Off on Press Release – update on the review of copyright legislation by the copyright review committee

Minister brings High Court action to clarify Labour Court ruling that a teacher is an “employee” of the Minister

Interesting report in the Irish Times today on a case I came across recently from the Labour Court. The Minister for Education has brought a High Court action seeking to clarify a Labour Court finding that a teacher is an "employee" of the Minister. The case arises from a complaint [...]

By |2019-10-18T10:16:21+00:00July 31st, 2012|Employee v Self Employed, Equality, Labour Court, pensions|Comments Off on Minister brings High Court action to clarify Labour Court ruling that a teacher is an “employee” of the Minister

Extension of doctrine of “vicarious liability” – Bishop is vicariously liable for actions of priest even though priest is not “employee” of bishop

In a very interesting case (JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938 (CA (Civ Div)) (England and Wales)) reported in Irish Times today, a judgment of the Court of Appeal (Civil Division) of England and Wales, given on July 12, 2012, held that although a [...]

By |2019-10-18T10:16:00+00:00July 30th, 2012|Employee v Self Employed, UK Court of Appeal|Comments Off on Extension of doctrine of “vicarious liability” – Bishop is vicariously liable for actions of priest even though priest is not “employee” of bishop

Health and Safety Law update – 18 month suspended sentence for roofing contractor – no fall protection mechanism in place

Unfortunately workplace accidents are all too common and this months's health and safety law review only confirms this unfortunate position. The case of DPP for HSA v Patrick Rooney: Circuit Court Dublin, June 2012 arose as a result of an accident in July 2007 on a farm in North Dublin.. The [...]

By |2019-10-18T10:16:00+00:00July 26th, 2012|Health and Safety Law|1 Comment

Two students reinstated in Dublin school after expulsion for facebook remarks

Following on from my recent post earlier this summer http://wp.me/p2ptoI-n,  I thought it useful to share an update from the Irish Times today whereby two students (out of four students who were suspended) have been reinstated at Oatlands College in Dublin after being expelled for remarks made on Facebook about teachers [...]

By |2019-10-18T10:16:00+00:00July 26th, 2012|social media|Comments Off on Two students reinstated in Dublin school after expulsion for facebook remarks

Tribunal highly critical of investigation process and revisits obligations of employers towards our changing workforce

In the case of Ying Liu v Dunnes Stores (UD 1751/2010, 1705/2010) a decision sent on 20th July, the Employment Appeals Tribunal were particularly critical of the Respondent (Dunnes Stores) treatment of a chinese national employee concerning the investigation process undertaken by them concerning alleged loyalty card fraud. Background The Claimant, a Chinese national, [...]

By |2019-10-18T10:16:00+00:00July 25th, 2012|Employment Appeals Decisions 20th July 2012, Equality, Unfair Dismissal|Comments Off on Tribunal highly critical of investigation process and revisits obligations of employers towards our changing workforce

Decision warns that breach of “trust and confidence” not a label to used by employers when considering dismissal

Following on from my recent post last week on what constitutes a breach of trust in the employer employee relationship http://wp.me/p2ptoI-2D, I thought it useful to mention the UK case of Mr. Michael Leach and the Office of Communications (ofCom) [2012] EWCA Civ 959 where the Court of Appeal warned employers not to reach too quickly for [...]

By |2019-10-18T10:16:00+00:00July 23rd, 2012|Unfair Dismissal|Comments Off on Decision warns that breach of “trust and confidence” not a label to used by employers when considering dismissal

EAT Decision 20.07.12 – TUPE, the automatic right to transfer and it’s applicability to single employees!

Yet another interesting case sent by the Employment Appeals Tribunal on Friday 20th July. The case of Kevin Carroll v SR Technics Ireland Limited UD1419/2010, MN 1364/2010, WT 585/2010 highlights the ongoing difficulties many employers experience with the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003. Although a [...]

By |2019-10-18T10:16:00+00:00July 23rd, 2012|Employment Appeals Decisions 20th July 2012, Unfair Dismissal|Comments Off on EAT Decision 20.07.12 – TUPE, the automatic right to transfer and it’s applicability to single employees!

UK employer liable for facebook status “finally came out of the closet” “hijack” of ex-employee by colleagues

I recently came across this case of the London South Employment Tribunal of 19th June 2012 whilst doing some research for a presentation I am doing for Legal Island later this year. The UK case of Otomewo v Carphone Warehouse [2012] EqLR 724 again demonstrates that employers can be held vicariously liable for discriminatory [...]

By |2019-10-18T10:16:00+00:00July 22nd, 2012|Equality, Privacy, social media|Comments Off on UK employer liable for facebook status “finally came out of the closet” “hijack” of ex-employee by colleagues

Saudi Arabia considering law to criminalise insulting islam including in social media

Interesting article by Reuters whereby Saudi Arabia said to be looking at ways to criminalise insulting Islam including through social media.The potential regulations come five months after a Saudi blogger and columnist  Hamza Kashgari, 23, was arrested for tweeting comments deemed as insulting the Prophet Mohammad. It is reported that the proposed regulations will carry [...]

By |2019-10-18T10:16:00+00:00July 19th, 2012|social media|Comments Off on Saudi Arabia considering law to criminalise insulting islam including in social media

Discovery of Plaintiff’s Social-Networking Profile

Another interesting article from the Delaware Employment Law Blog concerning the Discovery of Plaintiff's Social-Networking Profile. Here Molly diBianca reports on the case of Thompson v. Autoliv ASP, Inc., where the plaintiff alleged personal-injury and product-liability claims, arising from a car accident in April 2007. The plaintiff alleged that she sustained [...]

By |2019-10-18T10:16:00+00:00July 19th, 2012|social media|Comments Off on Discovery of Plaintiff’s Social-Networking Profile

EAT Decisions sent 12.07.12 – What constitutes a breach of trust?

Amongst the cases sent last Thursday 12th July from the Employment Appeals Tribunal includes the case of Mark Sargeant v Thyssenkrupp Elevator Ireland Limited, UD2304/10 whereby the Employment Appeals Tribunal concluded that the actions of the Claimant constituted a "serious breach of trust". The UK respondent in this case was engaged in the installation and [...]

By |2019-10-18T10:16:00+00:00July 19th, 2012|Employment Appeals Decisions 12th July 2012|Comments Off on EAT Decisions sent 12.07.12 – What constitutes a breach of trust?

Equality Authority New Code of Practice on Harassment at Work – Statutory Instrument 208 of 2012

The Equality Authority has prepared a new code of practice on harassment at work - the Employment Equality Act 1998 (Code of Practice)(Harassment) Order 2012 (Statutory Instrument 208 of 2012). Although the Code does not impose any legal obligations in itself, the provisions of the Code are admissible in evidence [...]

By |2019-10-18T10:16:00+00:00July 18th, 2012|Equality|Comments Off on Equality Authority New Code of Practice on Harassment at Work – Statutory Instrument 208 of 2012

Another Court ruling on sickness and holiday rights – the “Anged” Case

In yet another ruling handed down on 21st June 2012 the Court held that a worker who becomes unfit for work during a period of statutory annual leave must, under the Working Time Directive, be entitled to reschedule the period of leave that coincides with the period of sickness. The Court [...]

By |2019-10-18T10:16:00+00:00July 18th, 2012|Annual Leave and Sick Leave|Comments Off on Another Court ruling on sickness and holiday rights – the “Anged” Case