Our next seminar will take place in Facebook, 4 Grand Canal Square on 5th March with registration from 6pm with a 6-30pm start.
The seminar will cover three separate, but interrelated, topics and we hope for it to be a very informative and above all practical session.
Once again, we are delighted to have secured three highly quality speakers.
Vivian Jackson, Head of the PRU in the WRC, will speak about hearings at the WRC and look at the procedures which should be followed in the investigation and hearing of complaints by Adjudication Officers. This is a great opportunity to hear directly from the WRC in relation to how hearings should run.
Owen Keany BL, will deliver a talk entitled “Employment Settlements : Practical Tips and Avoiding the Pitfalls”. Again this is a great opportunity to get a practical overview on settlements and potential issues that can arise.
Finally, Richard Grogan, Solicitor, will deliver his talk entitled, “Taxation of Employment Law Awards and Settlement – Nothing To Be Frightened Of – This Is About The Nuances Of Words Not Mere Sums”. Richard will talk about the latest Revenue Commissioner Guidelines, to include the issue that has recently arisen in relation to the tax treatment of legal fees paid by an employer where there are no proceedings in being.
The Committee are very much looking forward to this practical and timely session and hope to see as many of you there as possible.
Our next seminar will take place in Facebook, 4 Grand Canal Square on 5th March with registration from 6pm with a 6-30pm start.
The ELAI Annual Dinner 2018 will take place in the Westbury Hotel in Dublin on Friday, 23 November 2018.
The Committee are very pleased to announce that this year our Guest Speaker will be well known Economist, Author and Broadcaster, Mr David McWilliams and that our honorary member for 2018 will be our former Chair, Ms Colleen Cleary, in recognition of her contribution to employment law generally and our Association specifically.
We are very grateful to all our sponsors including our headline sponsors Lewis Silkin.
Details of the event are set out below and invites are limited to members only.
DATE: Friday 23 November
VENUE: Grafton Suite, The Westbury Hotel (entrance through Grafton Foyer)
DRINKS RECEPTION: 7.00 PM
TICKETS: €89.78 (including booking fee)
DRESS CODE: Cocktail
BOOKINGS: By Eventbrite invitation only
Our next seminar is on 25th October 2018 in the offices of McCann FitzGerald, our kind host for the evening. Registration will be from 6pm with the seminar to begin at 6-30pm.
The seminar will cover a review of the past year and also look forward to what is on the horizon.
We are delighted once again to have secured two very high quality speakers.
Des Ryan B.L., practising barrister and Associate Professor and Fellow in Law at Trinity College Dublin will review recent developments in case law, including two interesting Court of Appeal decisions, firstly the case of Dillon v CUS looking specifically at the emphasis the Court placed on the significance of a final written warning and the views the Court expressed in relation to employment disputes coming before the Courts, and what potential implications that has for us all, and our clients. Des will secondly look at the Court’s decision in McCarthy v ISS, a workplace stress case where the Court found for the plaintiff in negligence, and will thirdly review the recent UK Court of Appeal decision in the Barclays Bank case regarding vicarious liability for independent contractors. He has further undertaken to provide updates on other significant employment cases that occur between now and the date of the seminar.
Linda Hynes is Managing Associate in the Employment, Immigration and Reward department of Lewis Silkin’s Dublin office and is going to speak about the Employment (Miscellaneous Provisions) Act 2017 specifically looking at changes to current legislation which the Bill proposes, the potential implications of those changes, the banded hours proposed and the penalties and sanctions proposed for breaches. With this Bill appearing high on the legislative agenda and the Oireachtas returning this week, Linda will be keeping an eye on developments between now and the date of the seminar to deliver the most up to date position.
We look forward to seeing you on the night.
The next ELAI seminar will take place on 25th July 2018 in the offices of Eversheds Sutherland, who are kindly hosting us for the evening. Registration will be from 6pm with the seminar to begin at 6-30pm.
The seminar will address the topical issues of Retirement Age and potential related Age Discrimination. There have been a number of recent cases in this area and, as a Committee, we believe it is something that members are experiencing, and having to advise on, with increased regularity.
We are delighted to have an expert panel of speakers.
Joanne Hyde, Partner and Head of Employment Law at Eversheds Sutherland, will discuss how to manage the retirement process from a legal and HR point of view. Joanne will also comment on some of the recent case law, both domestic and European.
Sile Larkin, Registrar & Head of Legal Services of the WRC, will discuss the Code on Longer Working which the WRC published late last year. Sile will look at the necessity for the Code and what it provides for.
Conor O’Donovan, senior actuary and consultant in Willis Towers Watson, will draw on his expertise in a wide range of pension related topics and provide a practical analysis of the challenges facing Employers who he regularly advises on all aspects of their retirement benefit packages including benefit redesign projects and liability management exercises. Conor is a Scheme Actuary and advisor for a number of pension scheme Trustee boards and a Fellow of the Society of Actuaries in Ireland.
If you have not yet renewed your membership for the year, you can do so on the website at any time, and we would encourage you to do so before the seminar.
We look forward to seeing you on the night for a very interesting and topical talk.
The Employment Law Association of Ireland will be holding its AGM on Wednesday 30 May 2018 at the Merrion Hotel, Dublin 2 at 6.30 pm. Further details are below.
We have a very special guest speaker on the night, Ms Bronwyn McKenna who was appointed as a UK Tribunal Judge in January 2018. Prior to her judicial appointment she was Assistant General Secretary at UNISON where she led the historic challenge to Employment Tribunal fees in 2017. Brownyn will be speaking about a four year fight against the government in relation to the imposition of Employment Tribunal fees, which led to the government being directed to refund the £27million charged to those who took claims to the Tribunal.
The Supreme Court unanimously found that the coalition government was acting unlawfully and unconstitutionally when they introduced the charges. This is a fascinating case and the ruling by the Supreme Court is historic and a testament to the power of the legal challenge by utilising employment law concepts. This is a chance to hear the inside track and the ultimate successful outcome from Bronwyn who led the challenge within Unison and described it as the proudest moment in her professional life.
We would be delighted if all members could join us for this event in the Merrion and to attend after for a glass of wine to celebrate the success of ELAI
Notice of the AGM
EMPLOYMENT LAW ASSOCIATION OF IRELAND
NOTICE OF ANNUAL GENERAL MEETING
Notice is hereby given that the Annual General Meeting (AGM) of the Employment Law Association of Ireland (ELAI) will be held at the Merrion Hotel, Merrion Street Upper, Dublin 2 on Wednesday, 30 May 2018 at 6.30pm to transact the following business:-
1. To review the activities of the ELAI to date.
2. To approve the subscription rates for 2017.
3. To elect the officers and ordinary members of the Executive Committee of the ELAI.
4. Any other business.
By order of the Executive Committee
Employment Law Association of Ireland, 8 May 2018
Notes to the Notice of Annual General Meeting
1. The Chairperson will provide a brief report to the members on the work carried out by the ELAI and the Executive Committee.
2. The Treasurer will provide a brief account of the finances of the ELAI and report on the rates, which she has agreed with the Executive Committee, are desirable. The Executive Committee is proposing that the full subscription annual rate of €85 be maintained.
3. Nominations for the office of Chairperson, Vice Chairperson, Secretary, Membership Secretary, Treasurer, North/South of Ireland Co-Ordinator and ordinary members of the Executive Committee shall be made to the Chairperson at the AGM.
4. Any other business may be tabled by the Chairperson at the AGM.
Note: Any matter of general business which a member wishes to bring before the AGM should be notified to the Secretary in writing no later than 7 days before the AGM.
We are pleased to announce our next ELAI’s seminar on the very topical subject of Sexual Harassment in the Workplace
With the recent change in the narrative on this issue this is an important area for employment specialists to be up to date and learn from other experts.
Time: Thursday 22 March 2018 - 6pm registration and start 6.30pm – 8pm and drinks in the Shed behind the Arbitration Centre to follow
Location: Dublin Arbitration Centre, Distillery Building, 145-151 Church Street, Dublin
Topics to include:
- How investigating a Sexual Harassment complaint differs to other complaints- special considerations
- Effect Lyons v Longford Westmeath on internal investigations- right to cross examine and legal representation ?
- Recent case law - How to litigate a complaint in WRC/Circuit Court and High Court, what Defences are available
- What is the view on the ground as to prevalence of harassment in the workplace in Ireland – what data is available
- What is the view from the UK – Comparative experience, cases and awards and use of Non- Disclosure agreements
- Third Party Sexual Harassment
We have a prominent panel lined up with specialists on this area from a HR, legal and union perspective as well as view from a large employment practice in the UK, who regularly represent plaintiffs in such claims to provide their comparative insight and experience on this topic.
- Claire Bruton BL
- Claire Dawson – National Practice Group Leader - Employment Law, Slater and Gordon (UK) LLP London
- Bernadette Treanor – Mediator and Investigator - Beo Solutions
- David Joyce - Head of Equality - ICTU
How Employment Lawyers handle and advise on white collar crime in the workplace
15 February 2018
Employment lawyers are increasingly being asked to advise on white collar crime in the workplace. In this seminar we will explore the challenges faced by employment lawyers particularly in the context of the Criminal Justice Act 2011, 7 years on since its enactment:
- what to consider when taking instructions,
- representing both the body corporate and individual,
- withholding information under s19,
- when and how should employers disclose an internal investigation,
- the challenges for employers in conducting internal disciplinary investigations against the backdrop of an external investigation by an Gardaí Síochána or a Regulator,
- the role of the Gardaí and their powers during an external investigation.
Our speakers have experience of both prosecuting and defending white collar crime cases and will provide unique insights together with practical know-how tips. By the end of the seminar attendees should understand the challenges white collar crime poses for both the instructing legal adviser and their client whether employer or employee.
ELAI are delighted to have the pleasure of the Honourable Justice Patrick J Mc Carthy, Judge of the High Court, who will chair this seminar.
Panel: Carthage Conlon (M.E. Hanahoe Solicitors), Remy Farrell SC and Supt. Gerry Walsh (Garda National Economic Criminal Bureau)
Location: KPMG 1 Stokes Place, Stephen's Green, Dublin 2
Time: 6.30pm (registration) 7p
Date: 15 Feb 2018
CPD Points will be available on request for this seminar
The Employment Law Association of Ireland (ELAI) is pleased to announce the offer of a student bursary in 2018 for €1,500. The bursary commemorates the contribution to employment law of Dr. Mary Redmond. In addition to the bursary, the holder will enjoy one year’s free membership of ELAI (for 2018), which includes free access to ELAI seminars.
How Can I Enter the Competition?
The bursary will be awarded on the basis of an essay competition. Students entering the competition will be required to submit an essay on the following topic:
‘Working in the Gig Economy: Does Irish Employment Law Provide Sufficient Protection?’.
Rules of the Essay Competition
- The essay must not exceed 2,500 words, including footnotes. No essay longer than 2,500 will be considered by the judges.
- The bursary competition is open to any undergraduate or postgraduate student, including Ph.D. researcher, registered for study during the academic year 2017/2018 at a third level institution in Ireland, including Northern Ireland. A decision on eligibility of each entrant can be taken by ELAI in its absolute discretion.
- Essays must be individually authored and only one entry per person is allowed.
- The essay must be the original work of the author and may be checked for plagiarism. Any essay that is found to be plagiarised will automatically be disqualified.
- All entries must be in English and properly referenced according to an accepted style.
- Essays should be presented in size 12 font and 1.5 spacing.
- The essay cannot have been submitted to another competition or for publication in any journal or other publication.
- The entry should have a cover page giving the details set out below. This cover page should be a separate document and include:
- The Entrant’s full name;
- Postal address and email address;
- The course of study and the name and address of the institution; and
- The word count of the essay (including footnotes).
- The entrant’s name cannot appear on any other page as judging of the competition will be anonymous.
- The competition will be judged by a panel of ELAI members appointed by the ELAI Committee. Their decision will be final.
- At the discretion of ELAI, one member of the panel may be invited to compile short list of essays for consideration by the full panel members.
- ELAI will acknowledge receipt of entries but will not give feedback on entries or enter into any further correspondence with entrants.
- ELAI reserves the right not to award the prize if it feels that the standard of entries does not justify an award.
- The winning essay will be published on ELAI’s website.
Key Dates and Submission Information
The deadline for submission of the essays will be 5pm, 31 March 2018.
The Employment Law Association of Ireland cordially invites you to its Annual Dinner 2017 with our guest speaker and honorary member, which will take place in the
Westbury Hotel, Dublin on 24 November 2017.
Our Guest Speaker is Ms Noeline Blackwell CEO Dublin Rape Crisis Centre.
Honorary member for 2017 is Ms Justice Mary Finlay Geoghegan in recognition of her significant contribution to employment law.
Date Friday 24th November
Venue Grafton Suite the Westbury Hotel (entrance through Grafton Foyer)
Drinks Reception 7.00pm
Dress Code Cocktail
Bookings Details on how to book on Eventbrite will soon be sent to members.
We are very grateful to our generous sponsors Keane McDonald
We look forward to welcoming you at the Westbury
Panel Discussion: Protected Disclosures for Employment Lawyers, Three Years On - A chance for us to evaluate how the Protected Disclosures Act 2014 has impacted on employers, how it has been used by Claimants and Adjudicated by the WRC & Circuit Court as well as some comparator view points from the United Kingdom.
Date and Venue: Mason Hayes and Curran, South Bank House, Barrow Street, Grand Canal Dock, Dublin 4 on Thursday 5 October Registration from 6pm with discussion commencing at 6:30pm
Clive Howard – Slater and Gordon London, to provide key tips and experience as a UK lawyer specialising in the area of whistle-blowers in the financial sector.
Peter Gallagher – Central Bank, to provide an inside expert review of receiving a protected disclosure.
Mary Paula Guinness BL - To provide commentary from an Irish perspective in the last year.
Trevor Collins – Solicitor Kilfeather & Co., specialist in the area of Protected Disclosures within the Gardai and Nursing Homes.
Jack Hickey – Powerscourt Group, to provide advice on protecting your brand and crisis management from an Irish perspective.
*** SAVE THE DATE ELAI ANNUAL DINNER 24th NOVEMBER 2017 AT THE WESTBURY***