Planning Enforcement and Timelines for Actions
Enforcement action may be taken against unauthorised development. Enforcement Action is most commonly taken by local authorities such as County Councils but can be taken by any person under Section 160 of the Planning and Development Act 2000 (soon to be section 351 of the Planning and Development Act 2024). Enforcement action under Section 160 is more commonly known as a planning injunction.
Rewind the clock – Proposed new legislation extends time limits for equality claims
The Equality (Miscellaneous Provisions) Bill 2024 was published by the Department of Children, Equality, Disability and Youth on 15 January 2025. This complements the Maternity Protection (Amendment) (Miscellaneous Provisions) Bill which appeared on the Legislation for priority publication in the 2024 Autum Session.
The Bill is at a very early stage and will have to take its place in the...
Performance Improvement Plans as precursors to termination offers held to be grounds for Constructive Dismissal
It has been the experience of this office, of a number of Irish employers adopting performance improvement plans (PIP) and whilst employees are in the currency of a PIP making termination offers to the employees. The WRC has helpfully clarified that such circumstances can be grounds for a constructive dismissal claim in a case skilfully advanced by Mr Conor McCrave of Setanta Solicitors.
Enforceability of Settlement Agreements in Ireland – AIB v Doran Decision of the High Court September 2024
This was a Judgment that was in respect of an application to enforce a Deed of Settlement and Release. Settlement agreements are a written agreement to compromise a dispute.
They are a key tool in resolving disputes. They allow parties to avoid lengthy litigation by reaching mutually agreed resolutions.
Redundancy and Statutory Redundancy Payments
Redundancy is the termination of a contract of employment.
The Redundancy Payments Act 1967 sets out instances of redundancy. These criteria share the common trait of focusing on a change in the role, or the responsibilities that come with it, or both. Once an employee has been employed for in excess of 104 weeks, they are normally entitled to a statutory redundancy payment.
The Law of Defamation in Ireland
In Ireland, the law protects your reputation. The Constitution guarantees that the State shall protect, and vindicate from unjust attack, the good name of every citizen.
A person can make a claim against someone for making statements that injure the person’s reputation. This offence is called defamation. It is a combination of the old offences of libel (written offences) and slander (spoken...
WRC Claims – The Data of Employment Disputes
In May 2024, the Workplace Relations Commission (WRC) published its annual report. Our team at Setanta Solicitors has analysed this comprehensive document to offer readers a concise overview of the WRC’s performance in 2023.
Watered Down – EU Clarifies Application of EU Water Framework Directive
A recent ruling by the Court of Justice of the European Union (CJEU) in the case of Peter Sweetman v An Bord Pleanala, Ireland and the Attorney General, Bradan Beo Teoranta, Galway County Council & the Environmental Protection Agency is of note.
This case concerned the interpretation of Directive 2000/60/EC. This is EU legislation which sets out a framework for the protection and...
High Court Examines Tax Treatment of Employment Compromise Agreement
Adnan Ahmad Siddiqi and The Revenue Commissioners IEHC 195. On April 12, 2024, a significant judgement was delivered by the High Court concerning an appeal from the Tax Appeals Commission (TAC).
New Planning & Environmental Division of the High Court
The Planning and Development Bill 2023 was published by the Department of Housing, Local Government, and Heritage on November 21, 2023, replacing the previous act which was in operation since 2000. Spanning over 700 pages, this legislation marks a significant milestone in Ireland’s planning and development framework. In this Article, our team at Setanta Solicitors breaks some key changes...
