This Practice Note outlines how Irish employers should handle long-term or chronic sickness from first absence through return to work or, where necessary, a fair capability process. It summarises statutory sick leave requirements, record-keeping and interaction with employer schemes under the Sick Leave Act 2022 (Ireland) (SLA 2022 (IRL)), reasonable accommodation (appropriate measures and disproportionate burden) under the Employment Equality Act 1998 (Ireland), as amended (EEA 1998 (IRL)) and dismissal/procedural risks under the Unfair Dismissal Act 1977 (Ireland), as amended (UDA 1977 (IRL)) and the Workplace Relations Act 2015 (Ireland) (WRA 2015 (IRL)). It also highlights good practice on communication, medical referrals, adjustments and documenting each step to reduce litigation risk. The importance of procedures Effective absence management involves supporting employees with health problems while ensuring business objectives are not compromised by repeated absences. Clear and comprehensive procedures, good communication and early intervention by managers cannot be overstated. Employers should ensure they provide employees with an absence policy and a sick leave policy which they must adhere

Using this Precedent Debenture This is a precedent bilateral Debenture which can be used to take security over all of the assets of a company. This drafting note explains the context in which this precedent Debenture might be used as well as the features of this precedent Debenture and the assumptions on which it is based. Negotiating a security package—general principles A lender's primary concern is that it is repaid. If a borrower fails to repay a loan the lender may have to go to court to obtain a judgment for payment of the sum owed to it. Even if it obtains such judgment this does not mean that the lender will be repaid in full or even in part. For example, if the borrower is insolvent, the lender may have to share the borrower's available assets with other creditors and will only receive part of what it is owed as a result. Many lenders take security (and/or quasi-security) from the borrower or another party (eg another company in the borrower’s group) to: • protect themselves against the risk outlined above,

This Practice Note outlines a number of considerations to be aware of when applying for a decision-making representation order (DMRO), pursuant to Part 5 of the Assisted Decision-Making (Capacity) Act 2015 (Ireland) (ADMCA 2015 (IRL)). The main steps are:- Practitioners must understand the presumption of capacity and functional capacity assessment. This Practice Note does not cover discharge of wards of court from wardship. The ADMCA 2015 (IRL) does not apply to minors. Presumption of capacity For a court to be satisfied that a decision-making representative (DMR) is necessary, it must be shown that the relevant person (RP) is unable to make some or all of their own decisions, even with the assistance of a co-decision-maker (CDM). Under ADMCA 2015 (IRL), s 8(2), decision-making capacity is presumed. To demonstrate that the RP lacks capacity, practitioners must confirm to the court that the guiding principles set out in ADMCA 2015 (IRL), s 8 have been applied, that lesser interventions of decision-making assistance and co-decision-making are unsuitable, and that the RP

The directors [Insert name of company] [(Company)] [Insert address] [Insert date] A director who is in any way, directly or indirectly, interested in a proposed transaction or arrangement with the company of which they are a director must declare the nature and extent of that interest to the other directors in accordance with the Companies Act 2014 (Ireland) (CA 2014 (IRL)), subject to certain exceptions. CA 2014 (IRL) provides that such a declaration be made: • at a meeting of the directors, or • by general notice This precedent form of general notice may be used by a director to declare to the other directors an interest in a proposed transaction or arrangement with the company. A general notice is a notice given to the other directors that a director: • has an interest in a specified company or firm, in each case setting out the nature and extent of that interest, or • is connected with a specified person, other than a company or firm, setting out the nature of that connection and is to be regarded as interested in any

This Precedent is a declaration of identity for a site with planning permission. The purpose of this declaration is to satisfy to a potential purchaser or a mortgagee of the following: • the planning permission is fully contained within the development site • the development site is fully comprised within the vendor’s or mortgagor’s title • the development site has all of accesses and services to the property required to complete the development, and • development site has all the rights of access/services required for the completed development The declaration can be provided by a qualified engineer or architect. The draft declaration should be provided to the deponent for approval prior to it being furnished to the mortgagee/purchaser. The draft should be provided to the mortgagee/purchaser for approval, however once the above points have been dealt with in the drafting no substantive change should be required or accepted. STATUTORY DECLARATION OF IDENTITY I, [insert name of deponent], [Architect OR Engineer] of [insert firm name] being a [member of The Royal Institute of Architects of Ireland OR The Institution of Engineers

This Precedent is a declaration of identity for a newly constructed house/apartment within a development. The purpose of this declaration is to satisfy to a potential purchaser or a mortgagee of the following: • the Development is fully comprised within the vendor’s or mortgagor’s title • the Development has all the rights of access/services required for the completed development The declaration can be provided by a qualified engineer or architect. The draft declaration should be provided to the deponent for approval prior draft being approved and included in the booklet of title for the development. DECLARATION OF IDENTITY I, [insert name of deponent], [Architect OR Engineer] of [insert firm name] being a [member of The Royal Institute of Architects of Ireland OR The Institution of Engineers of Ireland], aged eighteen years and upwards do solemnly and sincerely declare as follows: 1 [I am an Architect OR Engineer] in the above-named firm[ and I have been

This Precedent is a declaration of identity where there is any uncertainty or confusion in relation to the identity of the owner of shares of an Irish company. This declaration might be necessary where someone goes by a number of different names or might be required by the company if the share owner has requested a replacement or duplicate share certificate and the company wants to confirm their identity. STATUTORY DECLARATION OF IDENTITY I, [insert name of deponent], of [insert address], aged eighteen years and upwards do solemnly and sincerely declare as follows: 1 I am one and the same person as [insert name as set out in the register of shareholders] of [insert address

Declaration of interests When preparing the minutes of a meeting to approve a transaction or arrangement with a company, select the parts of paragraph 1 that reflect the declarations of interest that were actually made by the directors at the meeting. 1 Declarations of interest 1.1 [ [The directors present each declared that they had no interest in the business to be transacted at the Meeting for the purposes of section 231 of Companies Act 2014 which would preclude them from participating in the Meeting and forming part of the necessary quorum). OR Paragraph 1.1 There are three options for paragraph 1.1, at least one of which will be required in every board minute. The drafter should choose the appropriate option depending on whether or not any of the directors have interests to declare. It is the duty of a director of a company who is in any way (directly or indirectly) interested in a contract or proposed contract with the company, to declare the nature of his or her interest at a meeting of the directors

Introduction This Precedent can be used where an employer wishes to make a deduction from an employee’s wages. The accompanying guidance notes provide instructions on the legal requirements and best practices to ensure compliance with Irish employment law. When are deductions permitted? Where an employer wishes to make a deduction from an employee’s wages, the employee must consent to this in writing or it must be required by law. Section 5(1) of the Payment of Wages Act 1991 (Ireland) (PWA 1991 (IRL)) states: • 5.—(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— • (a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, • (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or • (c) in the case of a deduction, the employee

This Deed is made on [date] Parties The parties clause should clearly and unambiguously identify the parties to the agreement. This makes it clear which persons or entities have obligations under the contract and can also reveal potential issues with capacity or authority of a contracting party that need to be considered further. Check that the parties named in the contract are correct. If there is more than one company in a corporate group, check that the company entering into the contract is the appropriate group entity. Parties 1 [insert name of Assignor] [of OR a company incorporated under the laws of Ireland with registered number [insert registered number] whose registered office is at] [insert address] (Assignor); and 2 [insert name of Assignee] [of OR a company incorporated under the laws of Ireland with registered number [insert registered number] whose registered office is at] [insert address] (Assignee), each of the Assignor and the Assignee being a party and together the Assignor and the Assignee are the parties. Background This section (which is also known as the ‘recitals’) should be used to briefly

Commencement Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc. Date While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate. Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49 (not reported by Lexis+® UK). It is good practice to date the deed on the operative date so that

Commencement Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc. Date While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate. Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49 (not reported by Lexis+® UK). It is good practice to date the deed on the operative date so that no external evidence is required