Littler Global Guide - Ireland - Q3 2019

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Reasonable Accommodation in the Workplace – the View from the Supreme Court

Precedential Decision by Judiciary or Regulatory Agency

Author: Emmet Whelan, Partner - ByrneWallace

The Supreme Court of Ireland recently examined the extent of the obligation on employers, under Irish Employment Equality legislation, to put in place “appropriate measures” to adapt a place of work to reasonably accommodate disabled employees. In the decision, the Court addressed questions of redistribution of tasks/duties; whether employers have a duty to consult with employees; and the burden of accommodation.

€150,000 Fine for Employer Relying on Consent as Basis for Processing Personal Data

Important Action by Regulatory Agency

Author: Emmet Whelan, Partner - ByrneWallace

The Hellenic Data Protection Authority (HDPA) recently fined an employer €150,000 and ordered the company to take corrective actions following an investigation that uncovered breaches by the company of Article 5 of the GDPR. The investigation revealed that the company was requiring employees to give their consent for the processing of their personal data at work, and was highly critical of this practice. The decision will be of relevance to Irish-based employers, as it applies the GDPR provisions.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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