Category Archives: Legal News

EMPLOYMENT LAW – Disciplining employees: the punishment must fit the crime

Disciplining employees can be a difficult process for any employer, especially in circumstances where the employee may not appreciate the gravity of their misconduct.

However, the law expects an employer to act reasonably at all times when reprimanding employees and the employer will be expected to carry out an investigation fairly and ensure that any action taken is proportionate to the misconduct.

These principles were endorsed in a recent decision of the Employment Appeals Tribunal concerning two former employees of a sweet factory who were dismissed for allegedly interfering with the recipe for Tic Tacs. Continue reading

WILLS – Reasons to make a will: the law of intestacy in Ireland

Although the making of a will is a very simple task many people neglect to make one, leaving their dependants and loved ones in a potentially vulnerable position if the unexpected happens.

The consequence of passing away without having made a valid will (known as having died ‘intestate’) is that neither you nor your family will have any influence over how your property is to be distributed. Continue reading

LITIGATION – False information provided in personal injury claim leads to criminal prosecution

Giving false and misleading evidence in the course of a personal injury action may not only result in a case being dismissed but may also lead to a criminal conviction.

Section 26(1) of the Civil Liability and Courts Act 2004 provides that a Court is to dismiss a personal injury action where a plaintiff knowingly gives false or misleading evidence in any material respect. Continue reading

EMPLOYMENT – Employees must be given adequate notice of disciplinary hearings

An employee under investigation must be given reasonable notice of any disciplinary hearing if they are to be afforded their right to fair procedures under the Unfair Dismissals Act 1977.

The Employment Appeals Tribunal in the decision of Bermingham v Marks & Spencer Ireland UD 601/2011 considered whether fair procedures had been followed where an employee was given an hour’s notice prior to her employer’s investigation meeting. Continue reading

FAMILY – Taking the child’s view into account when determining their best interest

Recent decisions of the High Court are indicative of the efforts that the court will go to in family law proceedings to engage directly with a child so that their own needs and desires may be taken into account in determining their best interests.

In the case of AB v CD (No 2) [2013] IEHC 476 the High Court made an order in respect of custody and access regarding a child in circumstances where the child had run away from his father’s custody. Continue reading

AGRICULTURE: Liability for animals – the duties expected of famers

Keeping livestock requires great care and attention and farmers are expected to be aware of the duty to keep their animals under control. Outlined below is a brief overview of what their legal obligations entail.

If livestock stray from a farmer’s land onto a neighbour’s premises, then the farmer will be deemed strictly liable for any damage caused, regardless of whether the farmer can be said to have been negligent in any way.

However, if the animals are brought onto the roadway for the purpose of transporting them and an accident occurs, the liability of the farmer will be determined by the general principles of negligence, i.e. whether they had taken reasonable care. Continue reading