As business managers or as advisers to businesses, you know that in an evolving business environment having accurate and up-to-date information at your fingertips places you at a distinct advantage over your competitors.
At M J O'Connor Solicitors we play our part in keeping our clients and associates ahead of their competition when it comes to legal knowledge. That is why every quarter we will share our legal knowledge with you in those areas of legal practice which impact on how you do business. The Brief is our round-up of those developments within national and EU legislation and legal practice which will help you anticipate future change and adjust to the ever evolving legal and regulatory environment. Most importantly, we ensure that you can use legal knowledge to your advantage, which is what M J O'Connor Solicitors do best - turning legal knowledge into business sense.
23.03.2007
Commercial court - Cutting time and costs
Since the Irish Commercial Court opened for business in 2004, it has led to the prompt settlement of many contentious disputes. While the average High Court case can sometimes take up to three years to come before a judge, the new Commercial Court, which deals with claims of one million euro or over, is concluding cases within an average of 9 weeks. At MJ O'Connor, we have a team of solictors with the experience, expertise and resources in commercial court practice to ensure you can avail of this court's services.
22.03.2007
Employment law - When temporary turns permanent
From time to time, all businesses require temporary staff to cope with an increased workload or to provide cover for an employee on leave. What most employers don't realise, however, is that recent changes in employment law legislation mean that such temporary employees may not now be treated any less favourably than your permanent staff.
21.03.2007
Excluding legal liability for consequential or indirect loss - How effective is your exclusion clause?
In many commercial contracts, it is usually the norm for the perfoming party to include a provision to exclude consequential loss. This covers such financial losses as loss of profits, revenue, data, business opportunity, business contacts, anticipated savings or benefits and damage to goodwill. However including the words "liability for consequential loss is excluded" in your contract may not be enough.
20.03.2007
Changes in the residential mortgage market
Over the last 10-15 years the Residential Mortgage Environment has changed out of all recognition. From being a locally based bank branch led and single broker activity residential mortgages in Ireland are now becoming increasingly centralised and in the fore front of European lending and technology.
19.03.2007
Keeping everyone in the loop - New consultation and information rights for employees
Do you know what information you are legally obliged to share with your employees? The Employees (Protection of Information and Consultation) Act 2006 obliges all businesses with more than 50 employees to inform and consult with their staff on a whole range of issues. Employees are now entitled to information about the company's plans for restructing and expansion, anticipated redundancies or changes in workplace organisation and contracts.
18.03.2007
Taking care of the family
Since May 2006 there is an amendment in the Parental Leave Legislation to provide for increased flexibility in taking parental leave. The fourteen week leave may now be taken in separate blocks of a minimum of six continuous weeks or on more favourable terms with the agreement of the employer. Parental leave may also be transferred from one parent to another where the parents work for the same employer subject to the employer’s agreement.
17.03.2007
Selling your business?
If you are selling your business you are now required to furnish information relating to employee terms and conditions to the Purchaser. Failure to do so could result in a claim for compensation. Under the Transfer of Undertaking Regulations, which has been effective in Ireland for over 20 years, when a business is sold the employees, together with all of their rights and conditions, transfer to the Purchaser. The Purchaser is obliged to honour the terms and conditions of the employment contract. Buyer Beware was the order of the day in relation to such sales and purchases. It was up to the Purchaser to be satisfied that he had the relevant information to enable him comply with his obligations to honour terms and conditions of employment under the regulations. This regime has now changed with a new provision in the Employees (Protection of Information and Consultation) Act 2006. There is now an obligation on sellers to provide relevant information to the purchaser. If they fail to provide the relevant information they can be sued by the Purchaser.
16.03.2007
Wexford opera festival competition winner
A big thank you to everyone who entered our Wexford Opera Festival competition and congratulations to the winner who was the first person to reply with the correct answer being Dr. Tom Walsh. Tickets are on their way to Ms. Quinn, Deloitte & Touche, Limerick today.
