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Employment
THE
PUBLIC HEALTH (TOBACCO) (AMENDMENT) ACT, 2004
Implications
for employers and employees
As and from the 29th March, 2004, the Public Health (Tobacco) (Amendment)
Act, 1994, ("the Act"), prohibits any person from smoking
tobacco in a place of work. A place of work is defined under the
Safety, Health and Welfare at Work Act, 1989 as "any place,
land or location at, in upon or near which, work is carried on whether
occasionally or otherwise".
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Protecting
Confidential Information - The Risks From Within
During
the course of employment an employee is bound to acquire information
about the employer's business, such as knowledge and expertise about
the way it operates, the processes involved or the prices charged
by suppliers and to customers.
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Working
on Stress
The first pan European Campaign to combat work - related stress
was launched on the 2nd of July last, by Pat Cox, the President
of the European Parliament. The campaign will run until the end
of October 2002 and culminate with the European Week for Safety
and Health at Work, from the 14th to the 20th of October 2002. The
slogan of the campaign is called "Working on Stress" and
is designed to raise awareness and promote activities to improve
safety and health in the workplace. The campaign is backed by all
member states, the European Commission and Parliament, Trade Unions
and Employers Federations, and is being co-ordinated in Ireland
by the Health and Safety Authority.
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Bullying
and Harassment in the Workplace
A recent survey carried out for the Industrial Relation Services
in England, found that almost half of personnel managers have recently
dealt with cases involving sexual or racial harassment or other
forms of bullying.
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Employers
Duty of Care
Recent developments in employment law have demonstrated the importance
in complying with the increasing number of obligations imposed on
employers.
The case of Thomas McMahon v Irish Biscuits and Powers Supermarkets
trading as Quinnsworth (High Court, 2002) held that his employers
were required to take all reasonable steps in minimising the risk
of exposure to injury in the course of his employment. This duty
was held to extend to monitoring the facilities its employees use
while on its customer's premises and ensuring that such premises
provide a safe working environment. The company was held liable
and the Plaintiff was awarded €535,291.47 in damages.
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Equal
Status Act, 2000
The
Equal Status Act, 2000 (the "ESA") is fully operational
since October 25, 2000.
It
prohibits discrimination by service providers and educational establishments
on the following nine grounds:
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Employment
Equality Act, 1998
The
Employment Equality Act, 1998 (the "EEA") affects every
employer in the State. It also applies to employment agencies and
providers of vocational training.
The
EEA prohibits direct or indirect discrimination (including victimisation)
by employers on the following nine grounds:
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