Laying Out The Law

Laying out the law

Laying Out The Law Posted on 28/11/2012 by Eamon Concannon
I am starting a new job, should I have a contract of employment?   A: All employees who work for an employer for a wage or salary have an automatic contract of employment. Although the complete contract does not have to be a written contract, the Terms of Employment (Information) Acts 1994 and 2001 state that the employee must be given a written statement setting out the terms of his or her employment within two months of their start date.
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  • Board of Directors query

    Laying Out The Law Posted on 14/11/2012 by Philip Ryan, MacSweeney & Co
    Question: I am the majority shareholder of a private limited company. How do I remove a director from the board of directors? A: In the first instance, if the removal of a director is consensual, then the director may resign unilaterally by tendering his resignation in writing.
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  • Laying out the law

    Laying Out The Law Posted on 31/10/2012 by Eamon Concannon
    Q: I wish to make a claim for Unfair Dismissal compensation. How will it be valued? A: Whether a claim for unfair dismissal is heard through the Rights Commissioner, the Employment Appeals Tribunal or through the courts, the amount of compensation will be calculated in much the same way.
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  • Mortgage arrears

    Laying Out The Law Posted on 17/10/2012 by Philip Ryan, MacSweeney & Co
    Question: Is a bank required to comply with the Code of Conduct on Mortgage Arrears before it can take possession of my house? A: The Financial Regulator’s revised Code of Conduct on Mortgage Arrears came into effect on 1 January 2011 and applies to borrowers who are in arrears on mortgages secured by their primary residence on or before that date.
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  • Laying out the law

    Laying Out The Law Posted on 26/09/2012 by Philip Ryan
    Question: I gave a personal guarantee in respect of a commercial lease in 2007. The principal tenant has now gone into liquidation. What is the extent of my liability? A - Typically, a personal guarantee in respect of a commercial lease provides that, in the event of a default of the principal tenant, the guarantor is obliged to enter into a new lease on the same terms and conditions as were contained in the original lease.
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  • Question: I am developing a mobile phone app. Do I need to worry about data protection law?

    Laying Out The Law Posted on 28/08/2012 by Laying Out The Law
      A: Many businesses are using mobile apps as an important marketing tool. Mobile apps are quite sophisticated and it is very important to consider data protection principles in their development.
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  • Personal Injury

    Laying Out The Law Posted on 01/08/2012 by Eamon Concannon
     Q: I have suffered a workplace injury, what is the procedure for making a claim for personal injury through the Injuries Board? A: Since 2003, all personal injuries (excluding medical negligence) must firstly be assessed by the Injuries Board, formerly known as the Personal Injuries Assessment Board (PIAB).
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  • Laying out the law

    Laying Out The Law Posted on 04/07/2012 by Eamon Concannon
    Q: What is the Occupational Injuries Benefit Scheme? A: The Occupational Injuries Benefit Scheme has been put in place by the Department of Social Protection. You must be in employment that is insurable for occupational injuries.
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  • Laying out the law

    Laying Out The Law Posted on 20/06/2012 by Philip Ryan
    Question: My auctioneer’s licence is currently due for renewal. Should I renew my licence as normal or should I apply for a new property service provider’s licence? Answer - As and from 30 May 2012, a new licensing regime applies for property service providers.
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  • Commercial leasing

    Laying Out The Law Posted on 30/05/2012 by Philip Ryan, MacSweeney and Co Solicitors
    Question: I am in the process of leasing my commercial property to a new tenant. Is it advisable to obtain a personal guarantee if the tenant is trading through a limited company? Answer – A landlord’s main commercial consideration in granting a lease is whether the tenant has the means to pay the rent for the duration of the tenancy.
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  • Laying out the law

    Laying Out The Law Posted on 23/05/2012 by Philip Ryan
    Question: I am in the process of leasing my commercial property to a new tenant. Is it advisable to obtain a personal guarantee if the tenant is trading through a limited company? Answer – A landlord’s main commercial consideration in granting a lease is whether the tenant has the means to pay the rent for the duration of the tenancy.
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