AGENCY WORKERS RIGHTS AND EMPLOYERS OBLIGATIONS
July 15th, 2016
Examinership now more Accessible to Small Businesses
What is Examinership: Examinership is the mechanism whereby by a struggling and insolvent company is given the protection of the Court from its creditors to assist in its survival. Examinership is an alternative to winding up of a company that is in financial difficulties. If the Court is satisfied that the company has a genuine chance of survival, it can appoint an Examiner and the company will then be given a 100 days grace period to prepare a business plan and restructure its liabilities. What has changed? Under Section 2 of the Companies (Miscellaneous Provisions) Act 2013, an Examiner can now be appointed by the Circuit Court as opposed to the High Court. Companies can now apply to the Circuit Court for Examinership, as long as they satisfy at least two of the following three conditions: Their balance sheet does not exceed €4.4 million. Their Turnover does not exceed €8.8 million Their Employees must not exceed 50 in total. What does this mean for small business? Up until now an Examiner could only be appointed by the High Court. The costs associated with bringing such an application in the High Court excluded many viable companies from the process. Allowing the Circuit Court to appoint Examiners will reduce costs and make in more accessible to SMEs. It also means companies can have the process handled by their local Court as opposed to having to repeatedly attend the High Court in Dublin. For further information on examinerships or indeed any aspect of company law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com. This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other company law matter, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf....
Read MoreWhat is a Separation Agreement?
A Separation Agreement is a mechanism by which a married couple can become separated without the necessity of them going through the Family Law Courts. It is a legally binding contract entered into by the parties setting out each party’s rights and obligations to the other. It can often be a less expense and quicker way of becoming separated, than obtaining a Judicial Separation through the Courts. Once both party’s reach an agreement, a legally binding contract is drawn up, known as a Deed of Separation. The main issues dealt with in a Separation Agreement are as follows: An agreement that both parts will live separate and apart The occupation and ownership of the family home Arrangements with respect to the custody and access of any children Maintenance and lump sum payments Taxation Succession Rights A Separation Agreement can be made a Rule of Court by an application to the Court. This ensures that all the terms agreed upon can be legally enforced where covered by appropriate legislation. It is important to note that a Separation Agreement cannot make Pension Adjustment Orders and the Trustees of Pension Schemes are not bound by the terms of a Deed of Separation. Therefore if one or both of the parties have a pension, it will be necessary to obtain a Judicial Separation from the Courts. Once parties have entered into a formal Deed of Separation, they are not entitled to issue Proceedings through the Family Law Courts for a Decree of Judicial Separation. However obtaining a Deed of Separation is not a bar on the parties obtaining a Divorce at a later date. For further information on Separation Agreements or indeed any aspect of Family Law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com. This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other Family Law matter, you should consult with a solicitor who specialises in Family Law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your...
Read More6 Things you should do if you are in a road traffic accident where you have sustained personal injuries*
Being involved in a road traffic accident, particularly one where you sustained personal injuries* can be incredibly stressful. Very often you can be in a state of shock and naturally your sole concern is ensuring that you and the other parties are not badly injured. However to protect your interests, particularly were you have sustained injuries* you should do the following: If you or any other third party has suffered serious injuries*, you should immediately call for an ambulance. Provided you have not suffered serious injuries* and you are in a position to do so, you should immediately contact the Gardaí and inform them of the accident. Again, provided that you have not suffered serious injuries* and you are in a position to do so, you should take full details of the other party’s involved in the motor traffic accident, including their contact and insurance details. You should immediately inform your insurance company that you have been involved in a Road Traffic Accident*. Regardless of whether you believe you are badly injured or not, you should attend your medical practitioner so you can be checked out. If you have sustained personal injuries* in the accident and you want advice, you should consult with a solicitor who specialises in personal injury law. For further information in relation to a road traffic accident* or indeed any aspect of personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com. This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of personal injury law*, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf. *In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or...
Read MoreEmployment Law: Am I obliged to give my employees a written contract of employment?
Once an employer starts to regularly pay a worker a wage or a salary, a contract of employment is deemed to exist. Although there is no requirement to furnish this employee with a written contract of employment, under the Terms of Employment (Information) Act 1994, an employer is required to furnish his employees with a written statement of the terms of their employment, within two months of them commencing work. This written statement must contain the following particulars: The full name of the employer and the employee; The address of the employer; The place of work; The title of job or nature of work; The commencement date of the contract of employment; If the contract is temporary, the expected duration of the contract or if the contract of employment is for a fixed term, the date on which the contract expires; Details of rest periods and breaks as required by law; The rate of pay or method of calculation of pay and the payment intervals; Details of the hours of work, to include overtime etc.; Details in relation to paid leave and sick leave; Details of pensions and pension schemes; Details of the notice period to be given by employer or employee; Details of any collective agreements that may affect the employee’s terms of employment; The statement of these terms must be signed and dated by the employer. However, there is no requirement for the employee to sign them. The employer must also keep a copy of the statement for the entire period of the employee’s employment and for at least a year after it ceases. If an employee makes a complaint to the Rights Commissioner that the employer has not furnished them a written statement of the terms of their employment, the employer can be ordered to pay the employee compensation of a maximum of 4 weeks remuneration. For further information on Contracts of Employment or indeed any aspect of Employment Law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com. This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other of Employment Law, you should consult with a solicitor who specialises in Employment Law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf....
Read MoreWhat is an Enduring Power of Attorney and why should I make one?
An Enduring Power of Attorney is a legal mechanism by which a person (known as a ‘the Donor’) allows another specifically nominated person (known as ‘the Attorney’) take actions on their behalf in circumstances where the Donor becomes incapacitated. Unlike a General Power of Attorney, an Enduring Power of Attorney only comes into effect once the Donor becomes mentally incapacitated and only lasts while the Donor is still alive. Obviously an Enduring power of Attorney can only be made, while the Donor has full mental capacity. An Enduring Power of Attorney allows the attorney the ability to deal with the property, business and financial affairs of the Donor. It also allows the Attorney to take ‘personal care’ decisions on behalf on the Donor in circumstances where he/she has become mental incapacitated. These decisions ordinarily include where the Donor will reside, how they will be cared for, who they should see or not see and what training and rehabilitation they should get. However it is open to the donor to exclude any of these powers, when they are having the Enduring Power of Attorney drafted. Due to the extensive and far reaching powers an Enduring Power of Attorney bestows on the Attorney, it is subject to various controls and safeguards which protect the Donor from any potential abuse. An Enduring power of Attorney can only be set up where a solicitor is satisfied that it is not being set up due to any fraud or undue pressure. A Doctor is also required to certify that the Donor has sufficient mental capacity to understand the implications of the making of an Enduring Power of Attorney. An Enduring Power of Attorney will also not come into effect until the original document has been registered in the office of the High Court and Courts maintain a supervisory role in the implementations of its powers. So why should one make an Enduring Power of Attorney? Firstly, it should be seen as an insurance policy, where should you lose your mental capacity, your affairs will be looked after by an appointed friend or relative you can trust. Secondly, in circumstance where you become mental incapacitated, it prevents the need for you to be made a Ward of Court. Being made a Ward of Court is a costly procedure, wherein the High Court decides on your mental capacity and appoints a committee to look after and control your affairs. An Enduring Power of Attorney takes the power out of the hands of the Court and allows you to decide who will look after your affairs should the need arise. For information on Enduring Powers of Attorney or indeed any aspect of law regarding Wills or Probate, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com. This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other of wills or Probate Law, you should consult with a solicitor who specialises in Wills and Probate. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your...
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