Dr. Brenda Daly

Associate Professor, Dublin City University

Dr Brenda Daly is an Associate Professor of Law in the School of Law and Government, Dublin City University, where she researches and lectures on Employment Law, European Employment Law, Law and Dispute Resolution (arbitration and mediation), and Healthcare Law. Brenda is a co-author of the Principles of Irish Employment Law (Dublin: Clarus Press, 2010). Dr Daly is a former Irish Research Council funding awardee. Brenda has contributed articles on employment law matters to RTÉ Brainstorm https://www.rte.ie/author/1258518-brenda-daly/ and The Conversation https://theconversation.com/profiles/brenda-daly-1489947/articles.

Brenda has delivered workshops on a consultancy basis for the Fáilte Ireland “Leading Edge Management and Business Skills – A Legislative Update” training and skills programme for managers working in the hotel and tourism industry; and as part of the Irish Rail – Building a Resilient Organisation Pilot Programme on “The principal legislation on safety and health at work, in particular the Safety, Health & Welfare at Work Act, 2005”.

Dr Brenda Daly is the European Association of Health Law (EAHL) National Contact for Ireland and is currently a member of the EAHL Advisory Board. She is also a member of the EAHL Interest Group on Supranational Biolaw and the Northern/Ireland Health Law and Ethics Network. Brenda has previously served as the Irish Chairperson of the National Mediation Chapter of the European Court of Arbitration.

Contributed to

6

Ireland—Employment status

Practice Notes

This Practice Note examines the nature of employment relationships in Ireland when determining employee status. It considers employment status and why it is important to determine the status of an individual. It discusses the various statutory definitions of 'employee'. This Practice Note considers the tests to determine status: the control test, the integration test and the entrepreneurial or enterprise test. It discusses the requirement for a mutuality of obligations and it considers the Supreme Court’s position on employment status as set out in ‘The Revenue Commissioners v Karshan (Midlands) Ltd T/A Dominos Pizza [2023] IESC 24 (the Domino’s Pizza case)’ and the Revenue Commissioners’ guidelines for determining employment status.

Ireland - Employment

Ireland—Making a complaint to the Workplace Relations Commission (WRC)

Practice Notes

This Practice Note sets out the background to the establishment of the Workplace Relations Commission (WRC) in Ireland, describes the functions of the WRC and the process for submitting a complaint to the WRC.

Ireland - Employment

Ireland—Mediation in employment

Practice Notes

This Practice Note provides a general introduction to the mediation process, using meditation to resolve employment and workplace disputes and explains what mediation is and the general benefits of mediation. It provides an outline of the Workplace Relations Commission (WRC) mediation service, how to access the WRC’s mediation services and the mediation process.

Ireland - Employment

Ireland—TUPE—transfer of employees

Practice Notes

This Practice Note examines the transfer of employees under SI No 131/2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (Ireland) (TUPE Regulations 2003 (IRL)), as amended by the Workplace Relations Act 2015 (Ireland).

Ireland - Employment

Ireland—Time limits for presenting Workplace Relations Commission claims—checklist

Checklists

This Checklist outlines the key timeliness for practitioners to be aware of in respect of presenting claims to the Workplace Relations Commission (WRC). This Checklist distinguishes between the different time limits applicable in connection with employment matters, insolvency payments, redundancy payments, unfair dismissal, and equal status. It also gives details of the appeals process to the Labour Court or District Court (as applicable).

Ireland - Employment

Ireland—TUPE—checklist

Checklists

This Checklist contains an overview of the key legal and practical matters that may require attention during a transfer of undertakings in accordance with SI No 131/2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (Ireland) (TUPE Regulations 2003 (IRL)), as amended by the Workplace Relations Act 2015 (Ireland) (WRA 2015 (IRL)).

Ireland - Employment