Entries by D1ll0n_adm1n

Rights of People suffering from Dementia

  Rights of People suffering from Dementia   With the increasing rates of Dementia being diagnosed, it is important for people to be aware of issues that can arise and that should be considered:   Dementia is a form of disability and as such people with dementia are protected by the 1998-2015 Employment Equality Acts. […]

Statement of Terms of Employment – New Requirement

  Statement of Terms of Employment – New Requirement The Employment (Miscellaneous Provisions) Act 2018 came into force on 4th March 2019. The main change is to the Terms of Employment (Information) Act 1994 and in this regard, an employer must now provide a statement of the core terms of employment within 5 days of […]

Medical Negligence Claims – The Practical Steps

      Medical Negligence Claims – The Practical Steps In order to pursue a claim for medical negligence in Ireland, you must have expert reports from suitably qualified doctors/consultants. The first step is to obtain your medical records which involves signing letters of authority addressed to each treating doctor / hospital. A detailed statement […]

New Domestic Violence Act extends eligibility to apply for orders

The Domestic Violence Act, 2018 commenced on the 1st of January 2019 and has made significant changes in extending the eligibility to apply for Safety, Protection and Barring orders notably: Section 6(1)(a)(iii) of the Act removes the previous requirement of cohabitation between the parties to apply for a Safety/Protection Order and now requires that the […]

Minister seeks to take Divorce out of the Constitution

Minister seeks to take Divorce out of the Constitution   The Minister for Arts Josepha Madigan who is an experienced Family Law Solicitor had previously sought all parties support for a change to the Constitutional requirement that parties must be living separate and apart for four years before they can apply for a Divorce. The […]

Changes in Personal Injury Awards

  Changes in Personal Injury Awards   The Government set up a Personal Injuries Commission some time ago and it second a final report issued in September. This will establish a Judicial Council which will establish guidelines for Judges as to the nature of personal injury awards to be made.    This is to address the […]

Article on GDPR

GDPR Writing in this month’s Parchment magazine, Sarah Reynolds urges continued vigilance among senior management and employees with respect to their GDPR obligations. Ongoing monitoring of GDPR processes and procedures will be critical to the ability of organisations to comply with their GDPR obligations. Sarah Reynolds urges these organisations to view 25th of May 2018 […]

Article on Employee Claims – Responsibility on employers

  Employee Claims – Responsibility on employers   A recent decision of the Court of Appeal in the case of McCarthy-v- ISS Ireland Limited and HSE succeeded on the basis that various acts committed by follow employees caused the Plaintiff injury for which the Employer was vicariously liable (i.e it was as if the acts […]

Article on Negotiating a commercial Lease

    Negotiating a commercial Lease   The following are some of the matters that tenants should consider when taking on a commercial Lease:-   Check that the Planning Permission allows the use to which you, as a tenant, wanted to put the property. Try and negotiate a rent free fitting out period. Try and […]

Article on Employers Negligence – Bullying

  Employers Negligence – Bullying A recent Court of Appeal decision in McCarthy v ISS Ireland & HSE (2018) did not uphold a finding of bullying but did find the employer negligent for failing to act when certain behaviour was reported by a Supervisor. The employer should have acted to prevent a recurrence of the […]