Ireland, Mason Hayes & Curran updates

Employment & Benefits

Contributed by Mason Hayes & Curran
Whistleblowers' motivation relevant in disclosure of trade secrets
  • Ireland
  • 20 February 2019

The EU Trade Secrets (Enforcement, etc) Regulations 2018 recently came into effect, implementing the EU Trade Secrets Directive in Ireland. The regulations provide for the examination of a whistleblower's motivation where the disclosure or use of a trade secret is involved. Employers should be aware of this change and should, when receiving a protected disclosure, consider whether the protected disclosure contains information which might qualify as a trade secret.

ECJ delivers ruling in Irish police service age discrimination case
  • Ireland
  • 19 December 2018

The European Court of Justice (ECJ) recently handed down its eagerly awaited preliminary ruling in a decade-long age discrimination case relating to the requirement that new entrants to the Irish police service, An Garda Síochána, be under 35 years old. The ECJ's ruling will undoubtedly affect the approach taken by the Workplace Relations Commission and Labour Court when similar issues arise.

Seven top tips for employers at Christmas
  • Ireland
  • 12 December 2018

With preparations in full swing for the festive season, this article reviews typical workplace issues which are commonly faced by employers at Christmas. In addition to health and safety considerations, employers are advised to draw up rosters in early December to confirm with employees the days that they will be required to work over the holiday period. This should be done to avoid confusion or upset among staff and to comply with the Organisation of Working Time Act.

Be prepared, be very prepared! Employee subject access requests on the rise
  • Ireland
  • 24 October 2018

Heightened awareness of data privacy rights following the introduction of the General Data Protection Regulation has increased the number of subject access requests from current and former employees. As responding to subject access requests can be costly and time consuming, being prepared and organised can save employers considerable time and money, particularly in the context of employment disputes.

Unsteady grounds – Labour Court doubles award in disability discrimination case
  • Ireland
  • 17 October 2018

Employers cannot be expected to hold positions open indefinitely for employees who are absent on extended sick leave. However, as confirmed in a recent Labour Court determination, where an employer proposes to dismiss an employee on the grounds of incapacity or a disability, it is essential that the decision is made based on up-to-date medical advice. Otherwise, the employer may be exposed to claims of discriminatory dismissal or failure to reasonably accommodate the employee.

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