Paul McMahon

About Paul McMahon

Posts by Paul McMahon:

Parental Leave Issues

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 18 weeks in total. A revised Directive on Parental Leave took effect in March 2012. The Directive seeks to promote equal opportunities for men and women to take leave. Men and woman are entitled individually to parental leave from birth or adoption until the age of eight. One […]

Carers’ Leave

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 carers leave to provide full-time care to certain connected persons. Full-time care and attention must be required. The person cared […]

Adoptive Leave

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 of additional leave must be given not more than four weeks before the originally intended return date The principal rights […]

Gender Discrimination

Equal Remuneration The Employment Equality Act, 1998 (as amended) incorporates two key implied terms into contracts of employment in relation to gender equality. One term requires equal pay, and the other term requires equal treatment. The right to equal pay covers all types of remuneration, including direct and indirect benefits, in cash or in kind. It excludes pension provision which is the subject of separate equality requirements. It includes sick pay, time off for training, redundancy payments, travel benefit, commissions […]

UFD Scope of Act

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 circumstances only. Dismissal may occur on expiry of a fixed term contract, under certain circumstances. It includes the expiration of […]

Registered Agreements

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 rights as to remuneration and conditions of employment which are conferred on any employee under any other legislation. There are […]

Gambling

Gaming Gaming and wagering contracts are generally void. The legislation provides that a contract to recover money or winnings is unenforceable. No legal action lies to recover money alleged to be won or paid upon a wager or which has been deposited as security for it. A promise to pay a person money in respect of a gambling or waging contract by way of commission, fee or reward for services connected is void. Under gaming and lotteries legislation, gaming means playing […]

Minority Protection

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 bare majority in value of the shareholders carry a shareholders’ resolution. Exceptional decisions, such as those to change the company’s […]

Protective Regulations

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. Duties of Agent The agent must act in good faith and look after the interests of his principal / appointing firm. In particular, he must make proper efforts to negotiate and conclude transactions where he is instructed. Duties of Principal In his relations […]

Nature & Types

Overview 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. Duties of Agent The extent of the agent’s authority will depend on the agreement with the domestic supplier. The agent will usually have the power to bind the exporting firm who appoints him in relation to the business concerned. The […]