Well done to Cashs export for their historic win in the Cork Business and Shipping League First Division. We were delighted to be able to sponsor them and wish them the best of luck next year in the Premiership.
Wednesday, May 12, 2010
Monday, May 10, 2010
Employment Rights
We have many many clients coming in with Employment Issues which is obviously indicative of the times we live in. Unfortunately, we are finding that Employers are using the Recession to lay off workers they have wanted to get rid of for some time. However, they are doing it in such a cack-handed and in many cases immoral way that they are leaving themselves wide open for cases to be taken against them to the Employment Appeals Tribunal. Obviously we will not hesitate to bring such a case where we feel proper procedures have not been followed or where we feel the Employee has a justifiable case.
Monday, February 22, 2010
Sunday Business Post feature for Healy O'Connor Solicitors
Putting the words 'corporate recovery' and 'solicitors' in the same sentence will generally conjure up images of examinership and, perhaps, enforcement. But, just as businesspeople will turn to their accountants or financial advisers when the numbers start to look precarious, they should also talk to their legal advisors to draw on solicitor's wealth of knowledge.
'Like any area of the law, if you find yourself with an issue regarding your business you should speak to a solicitor', said Shane Healy, partner in Healy O'Connor Solicitors, which has offices in Cork and Dublin. 'Many solicitors won't even charge you for their initial consultation and, if you are in trouble, they may be the ideal people to help you to head it off'.
Of course most business people will talk to their accountants, but only engage with a solicitor when a drama has become a crisis. But this, said Healy, was a short-sighted approach which did not allow businesspeople to get the most out of their legal advisors.
'You would be amazed what your solicitor could do for you, especially when it comes to dealing with your creditors', he said. 'For example, many people, if they receive a solicitor's letter, will react in the way that most lay people would. But if they present the letter to their solicitor, they will know exactly how to deal with it - it's not the end of the world'.
There will, however, be certain times when the end has come for a corporate entity, and Healy O'Connor Solicitors has extensive experience in liquidations, dealing with creditors meetings and all the legalities around winding up an insolvent company. But Healy is keen to point out that there are many stages along the road from solvency to insolvency, and many solicitors have the specific training to allocate them to advise companies on how to avoid an insolvent end.
'A proactive approach is crucial', he said. 'People need to keep communicating and, if there has to be a tough solution, then well and good. But solicitors can achieve a huge amount for their clients, even though many people may be nervous at first about approaching a solicitor for legal advice'.
This is, in part, for fear of creating resentments among customers and clients, some of whom may feel affronted by the involvement of a legal practitioner in their affairs. But, said Healy, the process does not have to be adversarial. Quite the opposite, in fact, in that through the intercession of a solicitor, solutions can be found that can be of mutual benefits to all parties.
'I don't like to use the word 'holistically', but the truth is that you can't look at a problem from just one perspective', said Healy. 'Solicitors should be conversant in the problems facing companies operating in these difficult times, so they can act as business advisors as well as legal advisors. But if you have to go down the legal route, by engaging with a solicitor early on you will have already started the process'.
'Like any area of the law, if you find yourself with an issue regarding your business you should speak to a solicitor', said Shane Healy, partner in Healy O'Connor Solicitors, which has offices in Cork and Dublin. 'Many solicitors won't even charge you for their initial consultation and, if you are in trouble, they may be the ideal people to help you to head it off'.
Of course most business people will talk to their accountants, but only engage with a solicitor when a drama has become a crisis. But this, said Healy, was a short-sighted approach which did not allow businesspeople to get the most out of their legal advisors.
'You would be amazed what your solicitor could do for you, especially when it comes to dealing with your creditors', he said. 'For example, many people, if they receive a solicitor's letter, will react in the way that most lay people would. But if they present the letter to their solicitor, they will know exactly how to deal with it - it's not the end of the world'.
There will, however, be certain times when the end has come for a corporate entity, and Healy O'Connor Solicitors has extensive experience in liquidations, dealing with creditors meetings and all the legalities around winding up an insolvent company. But Healy is keen to point out that there are many stages along the road from solvency to insolvency, and many solicitors have the specific training to allocate them to advise companies on how to avoid an insolvent end.
'A proactive approach is crucial', he said. 'People need to keep communicating and, if there has to be a tough solution, then well and good. But solicitors can achieve a huge amount for their clients, even though many people may be nervous at first about approaching a solicitor for legal advice'.
This is, in part, for fear of creating resentments among customers and clients, some of whom may feel affronted by the involvement of a legal practitioner in their affairs. But, said Healy, the process does not have to be adversarial. Quite the opposite, in fact, in that through the intercession of a solicitor, solutions can be found that can be of mutual benefits to all parties.
'I don't like to use the word 'holistically', but the truth is that you can't look at a problem from just one perspective', said Healy. 'Solicitors should be conversant in the problems facing companies operating in these difficult times, so they can act as business advisors as well as legal advisors. But if you have to go down the legal route, by engaging with a solicitor early on you will have already started the process'.
Friday, February 12, 2010
€2.9m settlement for Tipperary boy hurt in crash
The High Court has approved a €2.9m settlement to a four-year-old Tipperary boy who was left with severe cerebral palsy following a car accident.
Ben McHale from North View, Fethard Road, Clonmel was only four months old when his mother lost control of the car she was driving and crashed into a wall on April 23, 2006.
It was alleged Disislava McHale was driving her husband's car without insurance when she lost control of the vehicle which grazed a tree and then crashed into a wall on the Clonmel to Kilkenny Road.
The court heard four-month-old Ben McHale was a back-seat passenger, that he was thrown forward on impact and was found by the ambulance crew lying unconscious outside the car.
He was put on life support for just over a week. Now four years old, he suffers severe cerebral palsy and will require care for the rest of his life.
His uncle William McHale sued his parents and the motor insurers bureau of Ireland for negligence on his behalf. Today, Mr Justice John Quirke approved a €2.9m settlement between the parties.
Ben McHale from North View, Fethard Road, Clonmel was only four months old when his mother lost control of the car she was driving and crashed into a wall on April 23, 2006.
It was alleged Disislava McHale was driving her husband's car without insurance when she lost control of the vehicle which grazed a tree and then crashed into a wall on the Clonmel to Kilkenny Road.
The court heard four-month-old Ben McHale was a back-seat passenger, that he was thrown forward on impact and was found by the ambulance crew lying unconscious outside the car.
He was put on life support for just over a week. Now four years old, he suffers severe cerebral palsy and will require care for the rest of his life.
His uncle William McHale sued his parents and the motor insurers bureau of Ireland for negligence on his behalf. Today, Mr Justice John Quirke approved a €2.9m settlement between the parties.
Nine-year sentence for man found with €250,000 worth of drugs
A Dublin man has received a nine-year sentence with two years suspended for possessing drugs totalling more than €250,000 in separate incidents.
He pleaded guilty to possessing €243,803 of cocaine in his car on August 10, 2007 and a further €6,862 of cannabis resin near his home on September 22, 2008.
Crowe denied possessing the drugs in his garda interviews.
The garda agreed with Mr John Aylmer SC, defending with Mr Luigi Rea BL, that despite these denials during interviews his client had entered an early plea in the matter.
Mr Aylmer submitted to Judge Katherine Delahunt that his client had a €700,000 drug debt and a €15,000 contract on his life around September 2008 because of the earlier cocaine seizure.
Judge Delahunt said she acknowledged Crowe’s early pleas in both matters, his “unblemished record” and good work history prior to the offences.
She noted the “tangible threats” made to him and his family but said he had brought this “awful penalty” on himself by getting involved in the drugs trade.
The judge ordered that Crowe undergo ongoing rehabilitation in custody as directed by the probation and welfare services and remains drug free.
He pleaded guilty to possessing €243,803 of cocaine in his car on August 10, 2007 and a further €6,862 of cannabis resin near his home on September 22, 2008.
Crowe denied possessing the drugs in his garda interviews.
The garda agreed with Mr John Aylmer SC, defending with Mr Luigi Rea BL, that despite these denials during interviews his client had entered an early plea in the matter.
Mr Aylmer submitted to Judge Katherine Delahunt that his client had a €700,000 drug debt and a €15,000 contract on his life around September 2008 because of the earlier cocaine seizure.
Judge Delahunt said she acknowledged Crowe’s early pleas in both matters, his “unblemished record” and good work history prior to the offences.
She noted the “tangible threats” made to him and his family but said he had brought this “awful penalty” on himself by getting involved in the drugs trade.
The judge ordered that Crowe undergo ongoing rehabilitation in custody as directed by the probation and welfare services and remains drug free.
Thursday, February 11, 2010
Banks ‘helping 30,000 mortgage holders’
As many as 30,000 mortgage holders are being facilitated by the banks due to their difficulties in meeting their monthly repayments, according to the Irish Banking Federation.
Banks are working with their customers to help them though the current difficult period that has resulted in over-lending by the banks and over-borrowing by some of their clients.
Addressing the Chartered Accountants Leinster Society, Mr Farrell, chief executive of the IBF, said banks here would do everything possible to help people deal with their arrears.
The banks also have to be realistic and pragmatic in how they deal with struggling borrowers, he said.
"We currently have various initiatives from the Government and the Regulator and of course the sector itself, which has committed not to take legal action where homeowners engage with their financial provider."
Banks accept the "need to look after people who have problems" in this very difficult climate, he said.
He stressed the banks "will engage constructively and proactively — with the minister and with other stakeholders — to develop solutions that are socially and economically responsible and which assist in the overall goal of economic recovery".
Banks are working with their customers to help them though the current difficult period that has resulted in over-lending by the banks and over-borrowing by some of their clients.
Addressing the Chartered Accountants Leinster Society, Mr Farrell, chief executive of the IBF, said banks here would do everything possible to help people deal with their arrears.
The banks also have to be realistic and pragmatic in how they deal with struggling borrowers, he said.
"We currently have various initiatives from the Government and the Regulator and of course the sector itself, which has committed not to take legal action where homeowners engage with their financial provider."
Banks accept the "need to look after people who have problems" in this very difficult climate, he said.
He stressed the banks "will engage constructively and proactively — with the minister and with other stakeholders — to develop solutions that are socially and economically responsible and which assist in the overall goal of economic recovery".
Wednesday, February 10, 2010
Work rights body recovers €2.5m in wages owed to 6,000 staff
Over the last 12 months, the National Employments Rights Authority recovered €2.5m in owed wages for 6,000 workers who were not paid their statutory minimum entitlements by their employers.
NERA's 2009 Review also revealed that a total of 108 employers were referred for prosecution for breaches of employment legislation in 2009 in comparison to 70 in 2008. In 27 cases, convictions were secured with fines ranging from €300 to €3,000.
The employment rights body's inspectors visited approximately 8,800 during the year. NERA are tasked with enforcing the provisions of the national minimum wage and the Industrial Relations Act which provide statutory entitlements for certain industries.
Speaking at the publication of the 2009 review, NERA director, Ger Deering, said there was a worrying trend among employers who were failing to comply with statutory record-keeping.
While NERA regularly detects minor, and sometimes inadvertent, infringements by employers in relation to record-keeping, in some cases poor or false records are used to mask under payment of employees or breaches of other statutory entitlements. Mr Deering warned that where employers refuse to co-operate with their inspectors or supply the necessary records, NERA has no option but to initiate prosecution.
Labour Affairs Minister, Dara Calleary, said "NERA's activities help not only individual workers to obtain their entitlements but also ensures that employers operate on a level playing-pitch. At this time, we need to do all we can to assist business. I am therefore pleased that NERA has, during 2009, invested considerable resources in assisting employers to meet their obligations under employment law, through a proactive education and awareness programme supported by focused inspection activity".
NERA's 2009 Review also revealed that a total of 108 employers were referred for prosecution for breaches of employment legislation in 2009 in comparison to 70 in 2008. In 27 cases, convictions were secured with fines ranging from €300 to €3,000.
The employment rights body's inspectors visited approximately 8,800 during the year. NERA are tasked with enforcing the provisions of the national minimum wage and the Industrial Relations Act which provide statutory entitlements for certain industries.
Speaking at the publication of the 2009 review, NERA director, Ger Deering, said there was a worrying trend among employers who were failing to comply with statutory record-keeping.
While NERA regularly detects minor, and sometimes inadvertent, infringements by employers in relation to record-keeping, in some cases poor or false records are used to mask under payment of employees or breaches of other statutory entitlements. Mr Deering warned that where employers refuse to co-operate with their inspectors or supply the necessary records, NERA has no option but to initiate prosecution.
Labour Affairs Minister, Dara Calleary, said "NERA's activities help not only individual workers to obtain their entitlements but also ensures that employers operate on a level playing-pitch. At this time, we need to do all we can to assist business. I am therefore pleased that NERA has, during 2009, invested considerable resources in assisting employers to meet their obligations under employment law, through a proactive education and awareness programme supported by focused inspection activity".
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