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The District Court Summons and Charge Sheet Procedures

Wed, 08 Aug 2012 06:34:31 +0000

Generally criminal proceedings are started in the District Court (although more serious offences can be initiated in the Special Criminal Court) and are started in one of two ways-by way of District Court summons or the charge sheet procedure. Most criminal prosecutions in Ireland are brought by the DPP (Director of Public Prosecutions) although other […]

What is Constructive Dismissal?

Tue, 31 Jul 2012 08:01:07 +0000

What is constructive dismissal?Constructive dismissal in Ireland is covered by the Unfair Dismissals Act, 1977 in section 1(b) as it provides that a dismissal is, among other definitions, “the termination by the employee of his contract of employment with his employer, whether prior notice of the termination was or was not given to the employer, […]

Tupe Regulations and the Transfer of Undertakings

Tue, 31 Jul 2012 07:27:03 +0000

The Tupe regulations should be a critically important consideration if you are selling your business or if you are working in a business which is being taken over. The Transfer of Undertakings Directive of 1977, which became part of Irish law by the European Communities (Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations, 1980, […]

Unfair Dismissal and Constructive Dismissal-An Overview

Tue, 31 Jul 2012 07:05:41 +0000

Unfair dismissal and constructive dismissal cases can prove very expensive for employers, not to mention traumatic occasions for employees. Unfair dismissal in Ireland is governed by the Unfair Dismissals Act 1993 and two points need to be made about this legislation at the outset- 1. an employer must have substantial grounds for dismissing an employee 2. […]

Employment Rights and the Termination of Employment in Ireland

Mon, 30 Jul 2012 12:42:21 +0000

One of the most common sources of dispute between employer and employee is when termination of employment occurs. It is important for any small business to have a basic understanding of the procedures and the rights of employees and employers when it comes to terminating employment. The most commonly litigated aspect of employment law is […]

Licensed Property Service Provider-The New Procedure for Auctioneers and Letting Agents

Mon, 18 Jun 2012 14:22:23 +0000

From May, 2012 a new body, the Property Services Regulatory Authority (PSRA) has been set up to regulate the provision of property services in Ireland. This new body covers auctioneers/estate agents, property management service providers, and letting agents. Anyone providing property services in Ireland requires a licence and is leaving themselves open to up to […]

Central Bank Code of Conduct on Mortgage Arrears-Much Needed Protection for the Distressed Homeowner?

Mon, 21 May 2012 11:30:26 +0000

The Code of Conduct on Mortgage Arrears 2010 is a critically important document for anyone in arrears with the mortgage on their primary residence. The primary residence, incidentally, does not have to be occupied if it is the only residential property owned by the borrower in the State. A March, 2012 High Court decision in […]

Questioning in Custody and the Right to Silence

Tue, 08 May 2012 18:19:52 +0000

Historically solicitors would advise clients in custody that there was not much to be gained by making a statement, either under caution or otherwise, when being questioned by the Gardai. They would explain that the client could invoke the privilege against self-incrimination. However this position has changed somewhat in the last few decades. There has […]

Unfair Dismissals Cases-4 Key Factors for Employers

Thu, 12 Apr 2012 13:26:02 +0000

Unfair dismissal cases are common and potentially costly for employers. The outcomes from these cases, which can be brought to a Rights Commissioner or directly to the Employment Appeals Tribunal (EAT), include Compensation (up to 104 weeks’ salary) Reinstatement Reengagement. There are a number of key areas about which the EAT and Rights Commissioners are […]

The Contract of Employment in Irish Law

Mon, 09 Apr 2012 18:15:09 +0000

The contract of employment in Ireland is made up of both express terms and implied terms with the Terms of Employment (Information) Act, 1994 stipulating that certain basic information must be given to the employee in writing. It is vital that as an employer or employee that you take legal advice as to the various […]