In a case arising from the sudden collapse of a construction company, the Employment Appeal Tribunal has confirmed the limited scope of the ‘special circumstances’ defence for not consulting on collective redundancies. |
Case Reports |
2022/6 Narrow scope of the ‘special circumstances’ defence for not consulting on collective redundancies confirmed (UK) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Collective Redundancies |
Authors | David Hopper and Kerry Salisbury |
AbstractAuthor's information |
Case Reports |
2021/35 Supreme Court rules on constitutionality of Workplace Relations Commission (IR) |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Miscellaneous |
Authors | Laura Ryan |
AbstractAuthor's information |
By a majority of 4-3, the Supreme Court of Ireland has held that the Workplace Relations Commission’s power to adjudicate disputes between employers and employees was not unconstitutional. However, the majority of the Supreme Court did find that certain aspects of the Commission’s procedures were unconstitutional, namely the blanket ban on public hearings and the lack of capacity for taking evidence on oath. The Workplace Relations Act 2015 and the Workplace Relations Commission procedures have consequently been amended to address these issues. This case report is a follow-up on EELC 2020/34. |
Article |
The New Regulation Governing AIR, VIR and ConsultationA Further Step Forward Towards ‘Better Regulation’ in Italy |
Journal | European Journal of Law Reform, Issue 4 2019 |
Keywords | regulation, RIA, regulatory impact analysis, impact assessment, evaluation, consultation |
Authors | Victor Chimienti |
AbstractAuthor's information |
This article describes the scope and contents of the newly adopted regulation governing regulatory impact analysis (RIA) and ex post evaluation of regulation (ExPER) in the Italian legal system. The article shows that this regulation has the potential to improve regulatory governance in Italy. Not only does it introduce innovations designed to increase transparency and participation, especially through strengthened consultation and communication mechanisms, but it also aims to improve the quality and effectiveness of regulatory analysis and evaluation activities. How the new regulation will be applied in practice, however, remains to be seen. In the meantime, the new set of rules are a welcome addition to Italy’s Better Regulation policy. |
Article |
Regulating Genetic Discrimination in the European UnionPushing the EU into Unchartered Territory or Ushering in a New Genomic Era? |
Journal | European Journal of Law Reform, Issue 1 2015 |
Keywords | genetics, regulation, discrimination, data protection, European Union |
Authors | Aisling de Paor and Delia Ferri |
AbstractAuthor's information |
Against the backdrop of rapid developments in genetic science and technology, one of the main concerns arising in this area is the potential use of genetic testing to discriminate, especially in the employment and insurance contexts. Employers and insurance companies may use the results of genetic tests to discriminate (primarily for economic advantage), based on perceptions of future health risks or future disabilities. This article explores the scope for an EU to effectively address genetic discrimination and the misuse of genetic information. It first provides a theoretical overview of the choice of regulatory frameworks. It then examines the scope and protection of current non- discrimination laws in the EU and investigates the possibility of an EU level response to address the misuse of genetic information. |
Article |
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Journal | The Dovenschmidt Quarterly, Issue 1 2014 |
Keywords | Great Recession, Germany, corporate governance, institutional complementarity, EMU |
Authors | Pavlos E. Masouros |
AbstractAuthor's information |
The ability of a nation to resist a crisis depends on the institutional or spatio-temporal fixes it possesses, which can buffer the effects of the crisis, switch the crisis to other nations or defer its effects to the future. Corporate governance configurations in a given country can function as institutional or spatio-temporal fixes provided they are positioned within an appropriate institutional environment that can give rise to beneficial complementarities. |