Opinion

Employment law solicitor Richard Grogan considers Fixed Term Work Act contracts and their interaction with the Unfair Dismissal Acts 1977-2015 and the Maternity Protection Act 1994. The Labour Court, in a recent case of Akina Dada Wa Africa and Claudia Horeau UDD/18/237, determination number UDD216,

Philip Lee partner Clare Cashin, senior associate Michael Cahill and associate Thompson Barry Doherty provide an overview of the first judgment in Ireland concerning the enforcement of an adjudicator's decision. The decision of Mr Justice Garrett Simons in Gravity Construction Limited v Total Highwa

Patrick Mullarkey, partner and joint head of healthcare at O’Reilly Stewart Solicitors, warns of a tsunami of medical negligence cases that could become one the many fallouts of the Covid-19 pandemic. There have been many vivid and disturbing images throughout the Covid-19 pandemic that have r

Benjamin Bestgen examines the impact of "respectability" in criminal trials. See last week's jurisprudential primer here. Tropes like the “Gentleman Thief” pick up on the allure of the white-collar criminal: a person who appears respectable, educated, even charming. A worldly, cleve

Seán O'Donnell, partner at ByrneWallace, examines the 14 principles underpinning Ireland's regulator's approach to data processing. On 18 December 2020 the Data Protection Commission published its draft Fundamentals for a Child-Oriented Approach to Data Processing. Building on existing guidan

Eamon Harrington, dispute resolution partner at Comyn Kelleher Tobin, looks at how Covid-19 and Lockdown 3.0 is having an impact on the court system and on mediations to resolve disputes. The President of the High Court earlier highlighted the obligation of all stakeholders to ensure that the admini

Employment law solicitor Richard Grogan of Richard Grogan & Associates looks at the increasingly prominent issue of dismissing an employee who is sick or ill. At present in Ireland there is no statutory sick leave scheme. This is likely to come in. The issue that has yet to be addressed is wheth

Dr David Kenny, assistant professor of law at Trinity College Dublin, argues the government's legal advice on the rights of adopted children is flawed and a referendum on the matter is not needed. As the country comes to grips with the report of the Mother and Baby Homes Commission and reckons yet a

Benjamin Bestgen considers the fairness of the high standards to which we hold lawyers. Read last week's jurisprudential primer here. The legal profession is a deeply human one and humans are complex creatures. As a species we are capable of extraordinary feats of courage, intellect, wisdom, kindnes

Jason O'Sullivan, solicitor and public affairs consultant at J.O.S Solicitors, examines the dilemma employers will face when they encounter employees who refuse to take the vaccine and what measures they should take to deal with them. As the rollout continues with the Covid-19 vaccinations, its welc

Benjamin Bestgen gives readers an overview of smart contracts this week. See his last jurisprudential primer here. Part of being a lawyer in the 21st century is the necessity to develop a degree of digital literacy, whether you like it or not. The legal world, it is often said, tends to be conservat

Karen Kearney, partner at Cantillons Solicitors, explores the issue of expert witnesses through the prism of a recent medical negligence case. I recently settled a medical negligence claim for a client which was one of the most difficult that I have prosecuted in my career. It involved two High Cour

Historian Dr Dieter Reinisch looks back at some of the earliest legal challenges to internment, in light of last year's high-profile UK Supreme Court ruling in R v Adams. Last year, the UK Supreme Court ruled the detention of former Sinn Féin President and TD for Co Louth, Gerry Adams, u

Marie Kinsella, partner at commercial law firm Philip Lee, welcomes a major review of the management of clinical negligence claims. The much-anticipated final Expert Group Report to Review the Law of Torts and the Current Systems for the Management of Clinical Negligence Claims, chaired by Mr Justic

Employment lawyer Natasha Hand examines a case concerning alleged discrimination on the race ground in a company's sick pay scheme. In case ADJ-00027767, the case of Krzysztof Tryka and Thermal Insulation Distributors Limited, an employee claimed that the company's sick pay scheme was applied less f