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Contributory Negligence – McMahon Legal (Solicitors)

The Civil Liability Act replaced the earlier common law principle. Contributory negligence is no longer a defence in itself. Instead, it is a basis upon which damages may be apportioned … See more

Actived: 3 days ago

URL: https://mcmahonsolicitors.ie/contributory-negligence/

Health Surveillance – McMahon Legal (Solicitors)

WebHealth surveillance, in this context, is a periodic review for the purpose of protecting health and preventing occupational diseases. It is aimed at identifying potential risks and …

Category:  Health Go Health

Employee Duties – McMahon Legal (Solicitors)

WebEmployees have duties to take care in the workplace for their own health, safety and welfare and that of their fellow employees. The health, safety and welfare at work …

Category:  Health Go Health

Nuisance – McMahon Legal (Solicitors)

WebThe law of private nuisance compensates for or prevents the unreasonable interference disturbance or annoyance of a person in his occupation of land. It protects the interest of …

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Employees’ Duties – McMahon Legal (Solicitors)

WebThe employee’s statutory duties include obligations to. comply with the relevant statutory provisions; take reasonable care for their safety, health and benefit; ensure that they are …

Category:  Health Go Health

The HSA – McMahon Legal (Solicitors)

WebThe HSA employs approximately 125 inspectors who are the primary inspectors, investigators and enforcers of the legislation. The HSA provides detailed information and …

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Constitutionality – McMahon Legal (Solicitors)

WebThe constitutionality of laws can be challenged by private parties in proceedings. There are two slightly different procedures which apply depending on whether the laws are made …

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Maternity Issues – McMahon Legal (Solicitors)

WebA woman on maternity leave may request that all or part are part of the leave or additional leave be postponed if the child is hospitalised. Maternity leave may be postponed in …

Category:  Health Go Health

Judicial Review – McMahon Legal (Solicitors)

WebJudicial review is a High Court procedure in which the legality of acts of public and administrative bodies may be challenged and found invalid. The focus is not on the …

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Stress Issues – McMahon Legal (Solicitors)

WebThere is an implied duty on the employer to maintain trust and confidence. A number of stress claims have been founded on breach of the contractual obligation of trust and …

Category:  Health Go Health

Personal Injuries – McMahon Legal (Solicitors)

WebA “personal injuries” action in this context, is one where bodily injury is suffered as a result of negligence, nuisance or breach of duty. A personal injury claim includes any disease, …

Category:  Health Go Health

Liability Issues – McMahon Legal (Solicitors)

WebAn employer may be liable in negligence to an employer in respect of bullying and work-related stress. This liability may arise where the employer has failed to take reasonable …

Category:  Health Go Health

Workplace Facilities – McMahon Legal (Solicitors)

WebCleaning and Sanitary Facilities I. Adequate and suitable sanitary and washing facilities for employees must be provided and maintained. There must be an adequate number of …

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Defamation – McMahon Legal (Solicitors)

WebThe law of defamation is the means through which the Constitutional right may be asserted. The Constitution also provides for the right of free expression by citizens of their …

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Constitutional Rights – McMahon Legal (Solicitors)

WebThe right of access to justice is a fundamental right which cannot be restricted. The Courts had decided that there is no constitutional right to civil legal aid but there is in respect of …

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Common Law Duties – McMahon Legal (Solicitors)

WebThe employee must prove that the damage was caused by the employer’s failure to take reasonable care for his health and safety or by the employer’s other breach of duty. …

Category:  Health Go Health

Criminal Liability – McMahon Legal (Solicitors)

WebThere is a separate offence in the criminal law of reckless endangerment. This is committed where a person intentionally or recklessly engages in conduct which creates a …

Category:  Health Go Health

Employers’ Liability Insurance – McMahon Legal (Solicitors)

WebThe common cap on employers liability insurance is commonly £10 million; €12,700,000. The insured must cede conduct of the claim to the insurer. Claims against an employer …

Category:  Health Go Health

Privacy Rights – McMahon Legal (Solicitors)

WebThe right to privacy is subject to restrictions in the interests of the common good, the public interest and to limitation arising from other Constitutional freedoms. In a number of cases …

Category:  Health Go Health

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