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Anthony Fay Solicitor, Principal of Anthony Fay & Company*
Upgrading the Workplace: From Brick Phones to Modern Employment Laws.
A 1980s brick phone wouldn’t cut the mustard now in the high-octane environment of the corporate world. Contracts of employment are no different and need to keep pace with legislative changes, otherwise there could be severe consequences including fines, compensation awards, reputational damage, and even criminal sanctions. A prime example is The Transparent and Predictable Working Conditions Regulations, which recently transposed an EU directive into Irish law. This legislation places greater responsibilities on employers in terms of providing more detailed terms of employment to employees within five days of starting a job, imposes strict rules on probationary periods, and limits the restriction of parallel employment (i.e., having a second job).
This year is proving to be a seminal one with minimum-wage increases, a hard focus on bogus self-employment arrangements, and the right to request remote working. The courts, both domestically and in other jurisdictions, have also been a hive of activity. The Revenue Commissioners v. Karshan (Midlands) Ltd trading as Domino’s Pizza was a landmark Supreme Court decision in Ireland delivered last October. The court unanimously held that drivers working for Domino’s Pizza were employees (as opposed to independent contractors) for tax purposes. The Superior Court in this erudite judgment applied a filter test to determine whether there was a contract of employment in existence.
However, legal outcomes can be fact-specific. For example, a month later the UK Supreme Court, in the case of Independent Workers Union of Great Britain (IWGB) v. Central Arbitration Committee, unanimously held that riders for Deliveroo were not employees! The reasons included that the riders were free to reject offers of work, had a broad power to appoint a substitute rider, and could undertake work for competitors. This perennial issue of differentiating between a contract of services (i.e., an employee) and a contract for services (i.e., self-employed) will no doubt run.
The above case law will have wider ramifications beyond the gig economy for misclassified workers, which potentially could affect consultants, contractors, freelancers, platform workers, and service providers. By all accounts, 2023 was a busy year for HR departments, in-house counsel, employment lawyers, and tax advisers pouring over such contracts to determine, in particular, whether it was necessary to regularise matters. EU mandarins are further advancing the Platform Work Directive, which proposes to improve working conditions for platform workers.
Side letters also grabbed the public’s attention at the early stages of the RTÉ controversy (although likely related to a client-contractor scenario). An employer or client may sometimes furnish these letters by way of commitment or comfort to an employee or contractor respectively. A side letter should ideally be scrutinised as rigorously as an employment contract. For instance, would the provider be at ease that this side letter could be legally enforceable, for example, as a separate and/or collateral agreement? An employer could otherwise find themselves defending a breach of contract/quasi-contract claim before the courts.
An employer should also be prudent even in verbal communications. There is precedent, wherein the High Court held that a prospective employer owed a duty of care to avoid making a negligent representation or misstatement in the pre-contractual negotiation stages that had the effect of inducing a prospective employee to act to their detriment. The underlying message is don’t make empty promises.
The key takeaway is that employers need to be alert to the potential pitfalls of the ever-evolving employer-employee relationship. To piggyback on the dialogue of the 90s cult film Trainspotting, choose a written contract, choose an employee handbook, choose a social media policy, choose hybrid working…choose a tripartite agreement…choose a barter account…choose wisely!
*Former Winner Irish Law Awards – Sole Practitioner of the Year.
Web: www.anthonyfay.com
Phone: 01 836 9805
Current Exhibitions – National Library Of Ireland
People & Places: Ireland in 19th & 20th Centuries
People & Places: Ireland in 19th & 20th Centuries
Look back through the camera lens at 150 years of life in Ireland in images selected from some of our most popular photographic collections. The National Library of Ireland holds over five million photographs in its collections, creating a unique and fascinating record of life in Ireland. This exhibition showcases 50 of those photographs, revealing the people and places of the island of Ireland from the 1850s to the turn of the 21st century.
Exhibition location: National Photographic Archive, Meeting House Square, Temple Bar, Dublin 2.
Seamus Heaney: Listen Now Again
Enjoy an immersive experience that guides you through Seamus Heaney’s life and work, revealing the internal and external forces that shaped his work. Heaney’s own writing desk is the focal point of an experience that explores his creative process through original manuscripts, as well as letters, unpublished works, diary entries, photographs, personal artefacts and multimedia recordings.
Exhibition location: Bank of Ireland Cultural and Heritage Centre, College Green, Westmoreland Street entrance.
YEATS: The Life and Works of William Butler Yeats
Experience the award-winning exhibition on William Butler Yeats (1865-1939), one of the great writers of the 20th century and a significant influence on modern Irish cultural identity. This exhibition draws on items from the National Library’s Yeats Collection, the largest collections of books, manuscripts and personal items relating to WB Yeats in the world.
Exhibition location: National Library of Ireland, 7/8 Kildare Street.
Entry is free to all exhibitions. Visit www.nli.ie for opening hours.
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The Clock is Ticking on A Matter Of Time at Crawford Art Gallery
Dorothy Cross at A Matter of Time
There are just weeks left for art lovers to pay a visit to A Matter of Time, the critically acclaimed exhibition on the theme of time, running to June 3 in the upper and lower galleries at Crawford Art Gallery, Emmet Place, Cork City. Featuring over 60 works by 25 Irish and international artists, A Matter of Time is an expansive, ambitious and thought-provoking exhibition in which gallery-goers can truly immerse themselves. The artists whose work can be seen at the exhibition – including Dorothy Cross, Kevin Atherton, Joy Gerrard, Sara Baume, Nick Miller, Yinka Shonibare CBE, Gail Ritchie, Phillip Toledano, Rula Halawani and Gary Coyle – all contend with the concept of time in their own unique fashion.
Displayed over two gallery floors, the exhibition alludes to many of the human constructs around time and includes themes of nationhood, post-colonialism, appropriation, memory, health, urbanism, mediation, re-emergence, hope and legacy. A Matter of Time opened in February with a packed preview night, with 15 of the exhibiting artists in attendance. Now, the clock is ticking for gallery-goers who would like to spend a little time getting to know this extraordinary exhibition. If you hurry, you’ll make it in time. Crawford Art Gallery is open seven days a week. For opening hours and more information visit www.crawfordartgallery.ie
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Shadows Of Heritage: Celebrating 30 Years at County Museum, Dundalk
There is a great saying in Irish, ‘Ar scáth a chéile a mhaireann na daoine’, which translates as ‘people live in each other’s shadows’. As the County Museum, Dundalk celebrates its 30th anniversary, the importance of this ‘seanfhocal’ grows in relevance with every passing day. At first this can be interpreted as a reflection on the strong interconnected nature of people and communities as they seek to live out their lives from day to day. However, from a museum perspective its meaning takes on a greater relevance as it highlights not only the emotional ties between generations, but also captures the nature of how each passing generation’s future is shaped and determined by those who preceded it.
Over the past three decades the County Museum, Dundalk has built a collection of over 80,000 items that reflects this process and presents the historical development of Louth in a way that is immediate and, most importantly, relevant. This is a story documenting the human experience; it is a story steeped in archaeological and mythical lore. It is one about Vikings and colonisation, of industrial boom and bust, and of sporting and artistic accomplishment and disappointment. In short, it is the Irish historical experience in microcosm, it is a story that highlights the aspirations and achievements of our forebears while reflecting on their disappointments and how these combined (and continues) to inspire and motivate those who came after them. As it celebrates its 30th anniversary the museum will celebrate these achievements through exhibition, workshops and lectures over the course of the year.
Admission is free and you can call 042 939 2999 or go to www.visitlouth.ie for more information.
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Sustainability by Design
Design & Crafts Council Ireland (DCCI) serves as Ireland’s primary agency for craft and design, dedicated to fostering sustainable growth among designers and makers while advocating for the societal merits of their work. Earlier this month DCCI launched the 2024 Irish Business Design Challenge (IBDC), inviting micro, small and medium-sized enterprises to demonstrate their commitment to sustainability through innovative design and ethical practices. This year’s challenge, boasting a prize fund of over €50,000, seeks businesses that repurpose products, implement eco-friendly processes, enhance efficiency, and address societal and environmental issues through sustainable design. Judged by a panel including fashion designer Róisín Pierce, the IBDC seeks enterprises with sustainability at the core of their products or services.
Rosemary Steen, CEO of DCCI, commented: “It has been hugely inspiring to meet with the businesses that have emerged through this programme and to create a national platform for their endeavours. We are encouraging any medium, small and micro businesses to apply for the awards to help add more value to your business and to be recognised for the hard work you are already doing in the sustainable space.” The total IBDC prize fund is over €50,000 and there are winners and runners up across the three categories. The awardees also stand to gain from expert guidance on integrating sustainable design principles into their business models. For more details and to apply for the Irish Business Design Challenge, visit www.dcci.ie/ibdc.
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Revive Your Hearth: Expert Antique Fireplace Restoration
With more than 25 years of experience in the restoration of period fireplaces, David O’Reilly of Antique Fireplace Restoration is the right man for the job when sourcing or restoring antique fireplaces.
Whether marble or cast iron, stone or slate, there is an abundance of choice in the showroom and David and his team can advise you on choosing suitable inserts, surrounds, and hearths for your chimneypiece. Georgian, Victorian, and Edwardian period styles are all provided, and you can view images from previous restoration works and installations on the website.
Visit the showroom on Francis Street, Dublin 8, to view the full collection or see www.irishchimneypieces.com for more.
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