Standardisierung und Automatisierung eines Transfer Impact Assessment im Zusammenhang mit den neuen EU-Standardvertragsklauseln
SKW Schwarz berichtete bereits darüber, dass die EU-Kommission am 4. Juni 2021 neue EU-Standardvertragsklauseln für den internationalen Datentransfer verabschiedet hat. Diese neuen EU-Standardvertragsklauseln sind hier abrufbar. In dem erwähnten Beitrag wiesen wir bereits darauf hin, dass bei der Heranziehung dieser neuen EU-Standardvertragsklauseln eine Risikoeinschätzung („Transfer Impact Assessment“) erforderlich ist. Zwischenzeitlich hat auch die Konferenz der unabhängigen Datenschutzaufsichtsbehörden des …
Labour Court Finds Company’s Mandatory Retirement Age Justifiable
Facts: The Complainant commenced employment with the Respondent Company as a Service Engineer on 1st September 1989. His employment ceased due to his reaching his 65th birthday on 21st January 2020. The Complainant initiated a claim against his former employer under the Employment Equality Acts 1998-2015 (the “Act”). He claimed that he was discriminated against on the basis of …
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Labour Court Increases Complainant’s Award For Failure to Provide Reasonable Accommodations For Her Disability
Facts: The Complainant’s employment transferred to the Respondent by way of a transfer of undertaking in August 2018. Her previous employer had made reasonable accommodations for her due to her Achilles Tendonitis and based on the advice from Occupational Health. The Respondent would not apply the agreement made between the Complainant and her previous employer.
Labour Court Finds “Volunteer” To Be An Employee Regardless Of Her Not Receiving A Traditional Salary
Facts: This was an appeal by the Respondent, Camphill Communities of Ireland, against a WRC decision that the Respondent unfairly dismissed the Complainant, Ms. Elke Williams. The WRC had awarded compensation in the amount of €40,000.
Bus Driver’s Dismissal For Using Mobile Phone While Driving Deemed Unfair & Reinstatement Ordered
The WRC Adjudicator, Pat Brady, centred his decision around the Respondent’s use of CCTV footage to discipline and ultimately dismiss the Complainant and the application of the ‘zero tolerance’ policy.
Labour Court Substantially Increases Award For Sexual Harassment
Facts: This was an Appeal by the Complainant, a 19 year old female barista, against a Workplace Relations Commission (“WRC”) decision that she should be awarded €3,500 on foot of a sexual harassment claim that resulted in her feeling stressed and anxious, certified out sick and ultimately resigning her position.
WRC Held Wages Are Not ‘Properly Payable’ During Lay-Off Period & Such Non-Payment Cannot Be A Breach of Payment of Wages Act
Facts: The Complainant joined the Respondent’s engineering contracting firm on 26th August 2019 as a mechanical estimator on an annual salary of €65000. He was laid off on 27th March 2020 when the closure of the construction sector due to the Covid-19 pandemic. The Complainant was not brought back when certain employees were brought back to work …
Labour Court Finds Employee Unfairly Dismissed But Contributed 100% to His Dismissal – Zero Compensation
Facts: This was an appeal by the Complainant, Mr Nicholas Folan, of a WRC decision that he had not been unfairly dismissed by the Respondent, Smurfit Kappa Ireland Ltd. The Complainant sought redress in the form of reinstatement.
Sayenko Kharenko provided legal support for PGNiG on acquisition of shares in a Ukrainian company
Sayenko Kharenko has acted as a subcontractor of a polish legal counsel – Rymarz Zdort that provided legal support for Polskie Górnictwo Naftowe i Gazownictwo S.A. (“PGNiG”) during its acquisition of a controlling stake in Karpatgazvydobuvannya LLC from ERU Management Services LLC, the mother company of ERU Group (“ERU”). Karpatgazvydobuvannya LLC is a Ukrainian project …
Sayenko Kharenko advises on USD 300 million Eurobond issue by Ukrainian
Sayenko Kharenko has acted as Ukrainian legal counsel to J.P. Morgan and Dragon Capital, the joint lead managers of the USD 300 million Eurobond issue by Ukrainian Railways, the exclusive state-owned provider of rail transportation services in Ukraine.