Matheson, Irish Law Firm

In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, reviews the Irish High Court decision of Philip Nolan and Science Foundation Ireland from last June. This was an application for an injunction to restrain a dismissal, following an investigation into certain allegations against the plaintiff. The case, however, addressed the question of whether an employer can dismiss an employee arising out of an investigation without applying fair procedures, so long as it can show the basis for the dismissal was not misconduct. Bryan takes a look at the various employment law issues arising out of this case, including further clarification on when an employer must apply fair procedures, and whether there are circumstances where an employer is better off strategically to call out performance or other workplace issues relating to the employee, rather than take a pure no fault termination approach.

In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, takes a detailed look at the recently published Workplace Relations Commission Code of Practice on the Right to Request Remote and Flexible Working, what exactly it provides for and what this means for employers. Bryan also reviews a recent decision from the WRC which now sets the record for the highest unfair dismissal award granted by the WRC since it was first established in 2015 at €440,000.

In this latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, discusses recent developments and highlights the key changes set to take place in 2024, with a particular focus on: The Protected Disclosures (Amendment) Act, The EU Directive on Adequate Minimum Wage (due to be in legislation November 2024), Statutory Sick Pay, Gender Pay Gap Reporting, National pension age and auto-enrolment, Work Life Balance and Miscellaneous Act, Anticipated regulation of using AI in the workplace.

In this episode of Matheson Talks Financial Regulation, Darren Maher, Joe Beashel, Niamh Mulholland and Ian O'Mara, partners in the Financial Institutions Group join Claire Scannell, professional support lawyer to the Financial Institutions Group to look back at what 2023 brought and look forward to what 2024 might bring for regulated financial service providers in Ireland. In particular, they consider their engagements with the Central Bank of Ireland throughout 2023, observations from industry events which they attended and supported in 2023, topics of cross sectoral importance as well as sector specific developments and what 2024 will bring across these areas.

This episode is part of a four part series derived from the recent Matheson Talks Financial Regulation Podcast: Look back to look forward. This episode considers some of the key insurance specific comments and observations made during that podcast. The topics include the aggregation of the Irish broker market, the European Insurance Forum, Europe's retail investment strategy proposal, product oversight and governance and the likely legal and regulatory priorities for insurers and intermediaries in 2024.

This episode is part of a four part series derived from the recent Matheson Talks Financial Regulation Podcast: Look back to look forward. This episode reflects on the activities of the Central Bank of Ireland in 2023 and in particular, our own interactions with them.

This episode is part of a four part series derived from the recent Matheson Talks Financial Regulation Podcast: Look back to look forward. This episode highlights some of the partners' key observations from their attendance and support of industry events throughout 2023.

This episode is part of a four part series derived from the recent Matheson Talks Financial Regulation Podcast: Look back to look forward. This episode considers a number of the areas of likely cross sectoral relevance in 2024 which were discussed during that podcast. The topics include the IAF, the Consumer Protection Code Review, Operational Resilience and DORA, the application and demonstration of legislative changes, the Green agenda, D&I, Central Bank of Ireland's supervisory priorities for 2024 and the impact of the European elections on the progression of financial services legislation.

Bryan Dunne, partner and Head of the Employment, Pensions and Benefits Group, is joined by professional speaker and Career Coach, Caroline Flanagan, to discuss Imposter Syndrome and how you can strengthen your leadership capabilities by turning Imposter Syndrome into an advantage.

In this latest episode Bryan Dunne, Head of Employment, takes you through some of the latest employment law developments. He also explores the recent Irish High Court decision of Buttimer and Oak Fuels Supermarkets Limited where the High Court reconfirmed the position that an employee's right to fair procedures is not triggered where they are being terminated within their probationary period for performance related reasons or for no reason, in accordance with their employment contract (i.e. a no fault termination). Bryan also considers how an injunction works in practice and considers the implications for both employees and employers of seeking such relief.

In this episode of Matheson Talks Financial Regulation, Ian O Mara, partner in the Financial Institutions Group and Claire Scannell, professional support lawyer to the Financial Intuitions Group consider the European Banking Authority's Guidelines on the use of Remote Customer On-boarding Solutions in connection with the 4th Money Laundering Directive and which apply from 2 October 2023. In particular, they address the scope of the Guidelines and what steps firms should take to implement the Guidelines.

Government's public consultation on the exercise of national discretions under MICA In this episode of Matheson Talks Financial Regulation, Ian O Mara, partner in the Financial Institutions Group and Claire Scannell, professional support lawyer to the Financial Intuitions Group consider the Irish Government's public consultation on the exercise of national discretions contained within the Markets in Crypto-Assets Regulation - MiCA and in particular, Matheson's submission to that consultation.

In this episode of Matheson Talks Financial Regulation, Ian O Mara, partner in the Financial Institutions Group and Claire Scannell, professional support lawyer to the Financial Intuitions Group consider the proposal published by the European Commission in June this year for a third iteration of the Payment Services Directive – PSD 3 - aimed at modernising the legal and regulatory framework underpinning payments in the European Union. In particular, they address the background to the proposal, some of its key elements and what they could mean in practical terms, if carried through to the final text.

In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne, Head of Employment, takes you through a recent whistleblowing penalisation claim. The existing protected disclosures framework was significantly enhanced by the recent enactment of the Protected Disclosures (Amendment) Act 2022 which came into effect on 1 January this year. This case, although heard under the previous legislation, illustrates how extensive the protection is for whistleblowers against acts constituting penalisation. Given the broader definition of penalisation under the 2022 Act, employers should take particular note of this case!

In this episode of the Matheson Employment Law Podcast Series, we share with you a recording of our recent webinar "Individual Accountability Framework: What actions must employers take now?". Moderated by employment partner Geraldine Carr, our specialist panel comprised of Bryan Dunne, Head of Employment, Niamh Mulholland, partner, Financial Institutions Group, Susan Doris-Obando, senior associate, Employment and Majella Walsh, Head of Compliance, Europe at Scotiabank. The panel provided practical guidance for in-scope firms on the requisite actions and steps to be taken from an employment / HR perspective to ensure compliance with the obligations imposed.

In this episode of the Matheson Employment Law Podcast Series, we share with you a recording of our recent Knowledge Insights series webinar "Employment Law 2023 - The Year Ahead". Key legal developments and themes explored included the new recently enacted Transparent and Predictable Working Conditions Regulations 2022, the current status of the legislation introducing new rights in respect of requesting remote and flexible working arrangements and additional statutory leave periods. In addition, we focussed on new legislative developments which continue to promote diversity, equity and inclusion in the workplace including an overview of the proposed EU Pay Transparency Directive which is coming down the tracks as well as an overview of the actions employers should take now to narrow any Gender Pay Gap identified. Lastly, we looked at the new obligations on employers in managing whistleblowing complaints under the Protected Disclosure (Amendment) Act 2022.

In this episode Bryan Dunne, Head of Employment, takes you through some of the most recent employment law developments in Irish law, covering current trends on preparing for the gender pay gap reporting, the pending changes to the protective disclosures legislation, the new statutory sick pay legislation and progress on the right to request remote working legislation. Bryan also looks at a recent decision from the Workplace Relations Commission (WRC), Flynn V Iarnród Éireann, involving an unfair dismissal claim by an employee after he was given a four year prison sentence.

In this episode employment partners Geraldine Carr and Ailbhe Dennehy, and senior associate John Casey, discussed how employers can best prepare and comply with these new mandatory reporting obligations. Discussions included an overview of the core legal requirements, how to categorise "pay elements" for reporting purposes, an analysis of the latest guidance on the trickiest areas arising in practice; and identifying measures that employers can put in place narrow any gap identified.

The Central Bank (Individual Accountability Framework) Bill sets out new requirements in respect of senior executives working in the financial sector. Under the Bill, regulated financial service providers ("RFSPs") are required to report to the Central Bank which senior executives are responsible for key roles and responsibilities within their business and of particular note, removes the 'participation link' in the Administrative Sanctions Procedure, which effectively dispenses of the requirement for the Central Bank to prove breaches against a firm before it can sanction an accountable individual.

The long awaited Irish gender pay gap regulations were eventually published at the end of May. In this latest podcast Bryan Dunne, Head of Employment at Matheson provides you with a recap on the legislation and goes through some of the most frequent clients' questions and answers on the new regulations and what the key issues are already.

This podcast discusses the long anticipated mandatory gender pay gap reporting obligations which are expected to become a reality for Irish employers in June 2022. In advance of this, and as clients get preparations underway, Bryan Dunne, Head of Employment at Matheson, shares this 2019 podcast recording that outlines the key concepts involved, and what practical steps employers should already be doing now to get ready for their selected June date. While there have been obvious developments since recording this podcast, the key insights and recommendations are still relevant and quite timely.

This podcast discusses the key employment law and HR themes for 2022. Matheson Partners including Bryan Dunne, Russell Rochford and Ailbhe Dennehy along with Senior Associates Ruth Keehan, Ellen Nolan and Tina O'Sullivan share their insights into what businesses can expect to be a priority this year. Discussions included shining a spotlight on the Government's Remote Working Strategy, the 2021 Code of Practice on the Right to Disconnect, gender pay gap reporting, COVID-19 risks and implications and upcoming changes expected in the whistleblowing legislation this year.

In this episode of the Matheson Employment Law Podcast Series, the Employment, Pensions and Benefits Group will share with you a recording on the Key Employment Themes and Predictions for the Year Ahead.

In this episode of the Matheson Employment Law Podcast Series, we will share with you a recording of our recent client webinar on The Right to Disconnect in Ireland. The panel provided insights into what the published Code of Practice on the Right to Disconnect will mean in practice for businesses. They discussed best practice guidance for a Right to Disconnect Policy, the cultural and operational challenges that the Code gives rise to for domestic and international employers and the practical steps that employers can take to comply with the Code.

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In this episode, we will share with you a recording on Managing Redundancies in a Remote Environment. Employment partner Geraldine Carr, senior associate Eimear Boyle and associate Denise Moran considered the legal and procedural obligations on employers in running both individual and collective redundancies remotely and how employers are now managing the practical issues in the current environment.

Episode 46: Brexit and HR - The Implications for Employee Data Transfers and EWCs converting to Irish Law In this episode, we will share with you a recording of our recent client webinar on Brexit and HR issues. Employment partners, Bryan Dunne, Deirdre Crowley and Russell Rochford were joined by Kevin Duffy, former Chairman of the Labour Court and Tom Hayes, Executive Director of the Brussels European Employee Relations Group (BEERG) and Director of European Union Affairs of the HR Policy Association, Washington DC. The panellists focused on matters such as the implications for multi-national employers currently operating European Works Councils under UK law of Brexit and the growing trend amongst UK based EWCs to convert to Irish law, as well as some of the practical issues involved in running an EWC under Irish law.

In this episode of the Matheson Employment Law Podcast Series, Head of the Matheson Employment, Pensions and Benefits Group, Bryan Dunne will share with you a recording of our recent client webinar which is part of a series on COVID-19 HR issues.

In this episode of the Matheson Employment Law Podcast Series, Head of the Matheson Employment, Pensions and Benefits Group, Bryan Dunne will share with you a recording of our recent client webinar which is part of a series on COVID-19 HR issues. On this occasion, Geraldine Carr, one of our employment partners, led a discussion on some of the key emerging trends around remote working and also return to work planning.

In this episode the In this episode the Matheson Employment, Pensions and Benefits Group share their insights into the common pitfall that they see employers running into in implementing redundancies and other cost-cutting measures.

In this episode of the Matheson Employment Law Podcast Series, the six Employment, Pensions and Benefits Group partners discuss what they see as the key themes and issues for Irish employers into 2020. This includes mandatory retirement ages in light of the RTE decision and now that it has become an election issue, the CBI SEAR proposals for regulated financial services firms, the anticipated Nano Nagle Labour Court decision on reasonable accommodation, and pensions auto-enrolment.

In this episode Bryan Dunne, Head of Employment at Matheson, discusses the Supreme Court judgment in the Daly and Nano Nagle case. This deals with the question of just how far an employer is required to go in providing reasonable accommodation to an employee with a disability in the workplace.

In June of this year, Geraldine Carr, a partner in the Employment team and Jane McKeever, a senior associate in the Pensions team hosted a seminar on working beyond retirement age. They were joined by Garry Clarke, a senior retirement consultant with Aon. Deirdre Cummins, a partner in the Pensions team, chaired the discussion. The panel discussed the various legal issues that arise for employers and pension scheme trustees when employees wish to work beyond their contractual retirement age. This included analysis of the current position in Ireland on mandatory retirement ages and how employers are dealing with requests to work beyond that age, including how pensions may be affected. The panel also discussed whether these arrangements could raise any discrimination concerns.

In this episode of the Matheson Employment Law Podcast Series Partner and Head of Employment, Bryan Dunne, together with other specialists in the Matheson Employment, Pensions and Benefits Group look at the key employment, corporate immigration and pensions and benefits issues that clients have been focussing on in their Brexit planning and need to be aware of.

In this episode, Samantha Brown and Rachel Pinto of Herbert Smith Freehills share lessons they have taken from the UK market in bulk annuity transactions and also provide tips for making the transaction process more efficient.

In this episode, Jane McKeever, a senior associate from the Employment Pensions and Benefits Group at Matheson, explores the main trustee and employer considerations when an annuity buy-in is proposed. Darren Maher, head of Matheson’s Financial Institutions Group also examines the insurance angle and highlights some of the issues to be borne in mind when structuring and documenting these transactions.

In this episode, John O’Brien of Mercer discusses the different types of liability management exercises currently being seen across the market and how annuity buy-ins can assist with managing liabilities and reducing volatility.

Since this recording, we have clarified that the continuation of the Common Travel Area will not require amending legislation. However, there is a concern that post-Brexit, the issue of the 50 / 50 rule, outlined in the Employment Permits Act, whereby the Department of Business will not issue or renew an employment permit where the employer has less than 50% of its employees of EEA/Swiss nationality, will operate to exclude British nationals. This could mean that employers who are currently eligible to obtain an employment permit would become ineligible overnight with a consequent impact on their ability to renew any already-issued employment permit they hold, whether for British or non-EU nationals. Should a Brexit withdrawal agreement be reached, Section 91 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 as it currently stands would continue to include UK nationals as EEA nationals. However this would not apply in the instance of a no-deal Brexit.

Death benefit decision making can present significant challenges for trustees of occupational pension schemes, particularly in cases where there are competing beneficiaries. Mistakes in this area can provide costly as decisions, once implemented, can be very difficult to unwind. In this episode, Deirdre and Jane discuss some of the common issues that can arise when trustees are faced with a making a decision around the payment of death benefits. They provide guidance around what constitutes a robust decision making process and also outline steps that trustees can take to avoid their decisions in this area being disputed.

In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne is joined by four other partners from the Matheson Employment, Pensions and Benefits Law Group to talk about what they expect to be the five key themes in Irish employment and pensions law in 2019. This ranges from the gender pay gap legislation, preparing for the Central Bank of Ireland’s senior manager regime, to auto enrolment in pensions, GDPR in HR and finally dealing with the new legislation on banded hours and zero hours contracts.

In this episode of the Matheson Employment Law Podcast Series, Bryan Dunne reviews Irish Rail and McKelvey, a case from the Irish Court of Appeal that was handed down at the end of October. This case is a critical development in Irish employment law and a very positive outcome for employers as it overturned the controversial Lyons decision from 2017, which had suggested that employees should be entitled to legal representation at all internal disciplinary hearings.

The new EU Directive on the activities and supervision of institutions for occupational retirement provision (commonly known as “IORP II”) is due to be transposed into Irish law by 13 January 2019. Amongst other things, IORP II seeks to improve the governance of pension schemes and promote risk-based supervision. When implemented, it will require significant changes to be made by many Irish pension schemes. In this episode, Deirdre and Jane discuss the aspects of the Directive that are likely to impact most on Irish pension schemes. In the absence of draft implementing legislation at national level, they consider what guidance can be offered by recent pensions related consultation papers and Pensions Authority guidance in relation to the likely approach to be taken in implementing the Directive. They also provide insight on steps that trustees can start taking now to prepare for the changes to come.

In this episode Paraic Madigan, head of the Private Client Department, Joe Beashal, partner in the Financial Institutions Group and head of the regulatory risk management and compliance team, and Lydia McCormack, a senior associate of the Private Client Department discuss the Assisted Decision Making Capacity Act 2015 (the ''Act''). The podcast focuses on the impact of the Act for financial bodies and intermediaries and is aimed at those working in, or advising on, the financial sector. In particular it focuses on what it will mean for financial bodies if they are considered “interveners” under the Act and how financial bodies will manage a potentially conflicting duty under the Consumer Protection Code and the Act.

In this episode Bryan Dunne, Head of the Employment Practice at Matheson reviews a recent decision from the Irish Workplace Relations Commission in a race discrimination claim brought under the Employment Equality Acts. This particular case is a very strong example of how an employer can successfully defend a discrimination claim and it will show that an employer doesn’t necessarily have to go to significant lengths to succeed in this type of defence.

Earlier this year, the Government launched “A Roadmap for Pensions Reform 2018 – 2023”, a five-year action plan for the reform of the Irish pension system. In this episode, Deirdre and Jane discuss the Roadmap, examining, in particular, the Government’s proposal to introduce auto-enrolment to increase private sector pensions coverage and help individuals save for their retirement. Deirdre and Jane also explore the Strawman Public Consultation Process that was published recently in relation to the Government’s auto-enrolment proposals and provide insights on how the system might work in Ireland.

In this episode Joe Beashel, partner in the Financial Institutions Group and head of the regulatory risk management and compliance team, and Lydia McCormack, a senior associate of the Private Client Group focus on the impact of the Assisted Decision Making Capacity Act 2015 for financial bodies and intermediaries and is aimed at those working in, or advising on, the financial sector.

In this episode, Employment partner, Bryan Dunne looks at three recent decisions of the Irish Labour Court under the Industrial Relations (Amendment) Act, 2015, the legislation introduced to protect employees where their employer refuses to recognise their trade union. In particular, the podcast looks at what these decisions means for you as employers and asks whether this legislation, and the threat of a trade union seeking an order for improved terms from the Labour Court, is still something employers need to be overly concerned about into the future or if it is now clear the trade unions themselves have given up on this route.

In this episode Bryan Dunne, Head of the Employment Practice at Matheson talks with Geraldine Carr, a senior associate in the Employment Practice about her six-month secondment in the Matheson Californian offices. Geraldine discusses some of the key trends in US workplaces which will find their way into Irish workplaces very soon and some of the main issues that US employers struggle with when it comes to dealing with Irish employment law. Bryan also considers a case previously reviewed in Spring 2017 on the question of when notice of termination of employment takes effect, whether it is when issued, when received or when read. This question has now recently been decided by the UK Supreme Court, hopefully once and for all.

In this special episode, we take a detailed look at the HR aspects of GDPR and what employers should already be doing to prepare for the new GDPR regime.

Deirdre Cummins, Pensions partner and Jane McKeever, Pensions associate address questions arising from the previous episode of the podcast which focused on the General Data Protection Regulation and the implications for pension schemes of this major development in data protection law.

In this episode Bryan Dunne, Head of the Employment Practice at Matheson covers a recent decision of the Irish Court of Appeal, Nano Nagle and Marie Daly. This case dealt with the very practical question of just how far an employer is required to go to provide reasonable accommodation to an employee with a disability in the workplace and at what point an employer can lawfully conclude that an employee’s disability is such that they are no longer capable of performing the role that they have been hired for.