The Brief

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.

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05.10.2007

Competition Law - Recent Supreme Court Ruling

The European Court’s decision of 17 September 2007 in Microsoft Corp. v Commission of the European Communities, which upheld the European Commission’s fine of €497 million imposed on Microsoft, demonstrates that EU Competition Law can be invoked so as to redress market distortions where a dominant undertaking abuses a position of dominance within the EU. Sean Nolan, partner in M. J. O’Connor Solicitors, examines the recent landmark Supreme Court decision on the provision of member services to credit unions which has brought much needed clarity to abuse of a dominant position in Ireland under the corresponding provisions of the Competition Act 2002.

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02.10.2007

Fair Play for Equal Pay: Cadman v. The Health Service Executive

Since women have more breaks in service during their working lives than men, usually to have children and raise a family, they often work for shorter periods of time. Is it then discriminatory for an employer to use length of service as a criterion for pay?

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01.10.2007

Mutual Trust and Confidence in the Workplace – An Evolving Concept

It could be said that the idea of mutual trust and confidence between employer and employee is somewhat of an abstract notion. However, a recent decision by Laffoy J in October 2006 highlights the significance of mutual trust and confidence and has adopted this concept to a new and important level. The case has illustrated the necessity of adopting such concepts in the workplace and more importantly the consequences if it is not adhered to. This case is yet another warning alarm to employers that simply abiding by legislative demands is not enough. A conscious effort should be made to ensure that an employee feels confident in his or her work role arising from the trust that has developed with his/her employer.

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01.10.2007

Restrictive Covenants in Employment Contracts

How effective are restrictive convents in employment contracts? This is a complex question with, unfortunately, no straight forward answer.

 

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