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Tag: legal

Opting Out of Commercial Leases

Since the enactment of the Civil Law (Miscellaneous Provisions) Act 2008 any Commercial Tenant is entitled to opt out of his Statutory entitlement to a further Lease of between five and twenty years which automatically arises after leasing a Commercial Premises for five years or more.

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Agency Workers Directive

While Agency workers do not have the same employment rights as regular workers, under the EU Directive on Temporary Agency Work, Temporary Agency Workers have the right to equal treatment regarding basic employment conditions. The EU Directive on Temporary Agency Work came into effect on the 5 December 2011. The Directive is transposed into Irish Law by the Protection of Employees (Temporary Agency Work) Act 2012. It provides that all Temporary Agency Workers must have equal treatment with regular workers in respect of hours of work and rest periods; pay and work done by pregnant woman, children and young people. The Act came into effect on the 16 May 2012. Temporary Agency Workers covered by the Act have the right to the same employment conditions as if they had been directly employed by the hirer under a Contract of Employment. The right to equal pay has retrospective effect to the 5 December 2011. The Act applies to Agency Workers employed by an Employment Agency who are assigned to work for a temporary period to another Organisation. The Act may exclude employees under a Managed Service Contract which is a Contract for Services, for example, cleaning, where the Contractor is responsible for managing and delivering the service. The Act does not apply to work done in the course of a Work Placement Scheme or any publicly funded Vocational Training or a Re-training Scheme. Pay is defined as including only basic pay, shift premium, piece rates, over-time premium, unsocial hours premium and Sunday premium. Pay does not include Occupational Pension Schemes, Financial Participation Schemes, Sick Pay Schemes, Benefits-in-Kind or Bonus Payments.


A group of tax investors in the Portlaoise Heritage hotel are suing their tax consultant and  an adviser involved in the deal, says the Sunday Times. The group are examining various legal remedies “on account of their personal recourse to ACC Bank, which funded the four-star hotel, for interest payments totalling over €1million a year”.

The Portlaoise Heritage hotel has been in receivership since June 2010. Experts say it’s unusual for tax investor syndicates to find themselves liable for interest payments in this way.


It may have cost taxpayers €250m, taken aeons to publish its weighty conclusions and few people believe anyone will ever be prosecuted over its findings, but parsing the implications of the 2,300-page Moriarty report provides copious fodder for the Sunday broadsheets.

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The Companies Registration Office in Dublin have just announced proposed changes to their Voluntary Strike Off procedure, which are due to take effect from 1st May, reports Sean Kavanagh of CFI.

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Businesses could save more than €13m a year because of an initiative by Enterprise Minister Batt O’Keefe to scrap the need to reprint headed notepaper each time company directorships change, The Sunday Independent reports.

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The Council of the Law Society has recently agreed new regulations to prohibit the giving of commercial undertakings by its members. The new regulations will come into effect on 1 December 2010.

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A total of just two civil servants have been delegated to tackle the ribbons of red tape snarling small business despite the promise by the government to tackle the €600m scourge, according to a report in The Sunday Independent, which has been championing this issue.

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A decision to end the recognition of Irish solicitors’ qualifications in England has prompted a legal challenge in London by the Law Society, the Sunday Business Post reports. The mutual recognition of qualifications is due to end at the beginning of September.

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The  Department of Justice, Equality and Law Reform has announced that the remit of the Small Claims Court is being extended to include small businesses. Businesses can now file claims against other businesses in respect of goods or services purchased up to the value of €2,000.  However, claims cannot be made in respect of debts, personal injuries or breach of leasing or hire purchase agreements.

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