High Court overturns Labour Court Decision in High Profile Debenhams Case
Background: In Debenhams Retail Ireland Limited (In Liquidation) v Jane Crowe [2025] IEHC 141, Barr J. reversed a decision of the Labour Court which found that Debenhams Retail Ireland (“the Appellant”) owed their former employee, Jane Crowe, (“the Respondent”) €1,140 for a breach of its obligations under section 9 the Protection of Employment Act, 1977 …
Continue reading “High Court overturns Labour Court Decision in High Profile Debenhams Case”
WRC Find it is Not Unlawful for Employer to Enforce Mandatory Retirement Age, Despite Shortcomings in Following Code of Practice
Eugene McEnery v Partners in Logistics Ltd (ADJ-00052442) concerned an employee who alleged he was subjected to discriminatory treatment by his employer on the grounds of his age, when he was forced to retire six months after reaching the age of 65. This case was brought before the Workplace Relations Commission (“WRC”) under the Employment …
HSE found not to be Data Controller of Non- Work Related Personal Data of Employee
Background: In the recent case of Eamon McShane v Data Protection Commission [2015] IEHC 19, the High Court upheld a decision of the Data Protection Commissioner (“DPC”) which dismissed a complaint by Mr. McShane (the “Applicant”) on the basis of a finding that the HSE was not the “data controller” in respect of non-work related …
Force Majeure vs Hardship under Ukrainian Law
In today’s unpredictable world, businesses often face circumstances that disrupt contractual performance. Whether it’s war, sanctions, pandemic, or skyrocketing costs, many turn to legal safety nets such as force majeure and hardship to mitigate the consequences. Yet, in Ukraine, commercial actors often conflate the two doctrines, leading to uncertainty and practical difficulties in their application. …
Continue reading “Force Majeure vs Hardship under Ukrainian Law”
MOEL Issues Revised Labor-Management Guidance on Ordinary Wage in Response to Supreme Court’s En Banc Decisions
On February 6, 2025, the Ministry of Employment and Labor (the “MOEL”) released an updated labor-management guidance on ordinary wage (the “Guidance”) in response to the recent Supreme Court en banc decisions overruling its previous position on ordinary wage. The Guidance aims to clarify the newly established legal principle on ordinary wage and mitigate potential disputes and …
Digital Inheritance: The Future of Estate Planning
Estate planning aims to ensure the proper transfer of assets, preventing disputes and protecting property. When it comes to digital assets, such as social media accounts, cloud-stored files, and email accounts, the complexity increases due to technical and legal factors, including online access and the intangible nature of these assets. Without a strategy for managing …
Continue reading “Digital Inheritance: The Future of Estate Planning”
Impact of Tax Reform on Contracts
The tax reform represents a significant change in the Brazilian tax system, potentially affecting pricing, risk allocation, and, most notably, contractual obligations. The replacement of taxes such as PIS, COFINS, ICMS, and ISS with the Value-Added Tax (VAT), in the forms of CBS (federal) and IBS (state/municipal), alters the taxation of goods and services, requiring …
Part 1: The Government’s Immigration White Paper
The Home Secretary, Yvette Cooper, argues in the paper that immigration needs to be properly controlled and managed and that for too long it has not been. The premise is that, as a nation, we need to be able to control our borders, control who is lawfully in the country, who is entitled to work …
Continue reading “Part 1: The Government’s Immigration White Paper”
Changes to Whistleblower Protection Act Approved
On June 5, 2025 the House of Councilors approved an amendment to Whistleblower Protection Act (“Act”) which strengthens whistleblower protections. The amendment will be promulgated in the near future and the amendment will take effect on some date which will be within 1 year and 6 months from the date of promulgation. The following chart …
Continue reading “Changes to Whistleblower Protection Act Approved”
AIRLINE INSOLVENCY IN INDIA: LEGAL GAPS IN LESSORS’ RIGHTS AND PASSENGER DATA PROTECTION
INTRODUCTION The airline industry is unpredictable by nature, and financial instability often ends with declaration of insolvency. As airlines are handled with very thin margins of profit, even minor disturbances like a rise in fuel prices, changes in governing regulations or failures in supply changes can cause financial distress.[1] Go First Airlines has recently gone …