Northern Ireland Employment Bill at Assembly stage

DEL_NI

DEL Northern Ireland

First we had the new Workplace Relations Act 2014 (enacted 01/10/2015) in Ireland which has created totally new procedures for resolution of workplace disputes. Now similar developments are occurring in Northern Ireland.
The Department of Employment and Learning (DEL) introduced the Employment Bill onto the floor of the Assembly on 7 December 2015.

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Revised Procedures for Employment Disputes – Republic of Ireland

Workplacerelations

Workplace Relations

The Workplace Relations Commission (WRC) has published revised procedures for the Investigation of Employment and Equality Complaints under the new Workplace Relations Act. It is advised by the Workplace Relations website that it is important that all parties to complaints and disputes should read and follow these revised procedures. Continue reading

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New Courts under Workplace Relations Act 2015 are launched

Workplacerelations

Workplace Relations

The final phase of the Workplace Relations Reform Programme was implemented from 1st October 2015.The Programme provides for a two tier Workplace Relations structure by merging the activities of the National Employment Rights Authority, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Labour Court and the Employment Appeals Tribunal into a new Body of First Instance – the Workplace Relations Commission (WRC) commenced on the 1st October last. Continue reading

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High Court orders Re-instatement of Bank Employee despite expiry of 6 year period from his Dismissal

Bank-of-Ireland

Bank of Ireland

It is often argued by employers in the Employment Appeals Tribunal (EAT) that, in the event that the Tribunal makes a Finding that the Dismissal was unfair, compensation should be awarded rather than reinstatement of the employee to his position due to the length of time which has expired since the Dismissal. This submission has generally been accepted by the Tribunal; that is, until the Decision of Mr Justice Noonan in the High Court case of The Governor & Company of the Bank of Ireland –v- James Reilly [2014, No. 34 CA]. Continue reading

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The Industrial Relations (Amendment) Bill 2015 – Reintroduction of Registered Employment Agreements / Reform of Collective Bargaining

Bill-enactment

Bill enactment

 

The Industrial Relations (Amendment) Bill 2015 was published on 14 May 2015. The purpose of the Bill is twofold; namely to make provision for the reintroduction of REA`s and secondly to reform the current law on Collective Bargaining. Continue reading

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Montgomery “Informed Consent” principles extended to Post-Operative Care?

Supreme Court

UK Supreme Court

In my BLOG published 22nd March last, titled “Is a Medical Consultant negligent in not advising the patient of all risks involved in choice of treatment”, I reviewed the decision of the UK Supreme Court in the case of Montgomery v Lanarkshire Health Board [2015] UKSC 11, issued on 11 March 2015. I advised that it had now been decided by the highest Court in the UK that the law made it very clear that a doctor was obliged to explain all material risks to the patient in advance of surgery.

 
The ink was hardly dry on that Decision when the Queen`s Bench High Court in England followed with another Decision on Informed Consent, but this time touching on post-operative care. Continue reading

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New Workplace Relations Act is signed

Dismissal

Termination of Employment

I have written previously about this anticipated legislation – see The Workplace Relations Bill is Published. The Republic of Ireland Workplace Relations Act was signed on the 20th May last.

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More Analysis on the UK Medical Negligence Montgomery Consent case

Informed Consent is essential

Is your Consent informed?

In my BLOG titled “Is a Medical Consultant negligent in not advising the patient of all risks involved in choice of treatment?” published on the 22/03/2015, referring to the UK case of Montgomery v Lanarkshire Health Board [2015] UKSC 11, I advised that the law in the UK/Northern Ireland now requires explanation of all material risks to a patient / expectant mother where options for surgery are being explained by a Consultant. Continue reading

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Is a Medical Consultant negligent in not advising the patient of all risks involved in choice of treatment?

NHS

NHS Lanarkshire

This issue was decided by the UK Supreme Court in the case of Montgomery v Lanarkshire Health Board [2015] UKSC 11 issued on Wednesday 11 March 2015.The Plaintiff Nadine Montgomery gave birth to a baby boy on 1 October 1999 at Bellshill Maternity Hospital, Lanarkshire. As a result of complications during the delivery, the baby was born with severe disabilities. The Plaintiff sought damages on behalf of her son for the injuries which he sustained. She attributed those injuries to negligence on the part of Dr Dina McLellan, a consultant obstetrician and gynaecologist employed by Lanarkshire Health Board, who was responsible for Mrs Montgomery’s care during her pregnancy and labour. She also delivered the baby. Continue reading

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Is a Plaintiff entitled to claim Loss of Consortium and Servitium even where, subsequent to the accident, she divorces her husband?

Marriage Loss

Loss of Consortium

In this case, Andaloc, Sheila v Iarnrod Eireann/Irish Rail, Federal Securities Ltd (in receivership), Caraher and Ward Ltd, the Plaintiff claimed for damages for loss of consortium and servitium suffered by reason of negligence and breach of duty of the defendants in causing serious personal injury to her husband. The main issue in the case was whether a valid, real and subsisting marriage existed at time of accident.

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