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PRECEDENTS
Superintendant Road Traffic Accident: [place of accident] On: [date of accident] Our Client: [name of client] Vehicle: [make and model] Registration Number: [number] Name of Driver Responsible: [name] Vehicle: [make and model] Registration Number: [number] This is a precedent letter to the Gardaí requesting a Garda abstract report and access to any CCTV footage which
PRECEDENTS
Ireland—Letter—consent to act as a director This is a precedent consent to act as a director letter from an individual to the company secretary or other directors of a private or public company limited by shares. The first directors of private company limited by shares are appointed by giving their details in the application to register a new company on Companies Registration Office Form A1. If there is a change to company directors (such as an appointment of a new director or the resignation of an existing director) or to any of the details contained on the register (such as a change of address) these changes must be notified to Companies Registration Office (CRO) within 14 days of the date of the change occurring sing Form B10. Failure to file Form
PRECEDENTS
Updated for Ireland by the Lexis+® Ireland team General This Precedent provides a basic outline of the issues which a client should have in mind when considering an application to the court for an interim injunction. It is drafted on the basis that your client seeks an interim injunction pursuant to the American Cyanamid/Campus Oil guidelines. It should be adapted to reflect the precise nature of the application sought, as well as more broadly the specific circumstances of your client and the dispute. For practical guidance on injunctions, reference should made Practice Note: Ireland—Interim remedies. [Date] [Client's name and address] Dear [insert client name] Re: Injunctive relief I am writing to advise you in respect of your proposed application for an interim injunction against [name of party] in order to [insert reason for and type of injunctive relief being sought]. An injunction is an order of the court that requires a party either to do a specified act (known as mandatory injunctions) or to refrain from doing a specified
PRECEDENTS
I have now received from the Gardaí a copy of the abstract report relating to the accident. The Garda report is important because it contains most of the background information, and much of the evidence, necessary to pursue a claim arising
PRECEDENTS
General This is a precedent letter to a client setting out what happens at a mediation and how to prepare for it. It explains the different stages in a typical mediation (eg before and at, private and joint meetings, settlement and non-settlement) and how to ensure clarity is provided in respect of cost. It also covers preparing for the mediation including who the attendees are, preparing the position statement, supporting documents and opening presentations. It is prepared on the assumption that: you have already explained to your client how a mediation works and the parties have agreed to a mediation and a date and venue for the mediation have been fixed. Options are then provided within the Precedent as to what other arrangements and preparations might also have been agreed or have yet to be agreed. It includes a reminder for the client as to the position with regard to costs. For a general checklist of matters to consider when preparing a client for mediation, also see: Ireland—Preparing your client for mediation—checklist. PRIVATE
PRECEDENTS
This Precedent is a letter to a director informing them that the company has received notice in relation to a proposed ordinary resolution to remove them from office. For a precedent of the notice, which should be enclosed with this letter, see Precedents: Ireland—Notice of proposed ordinary resolution to remove a director from office and Ireland—Notice of proposed ordinary resolution to remove a director from office—and request to convene general meeting. A director can be removed from office at any time by ordinary resolution passed by the shareholders of the company at a general meeting, despite anything to the contrary in any contract between the directors and the company. The resolution cannot be passed by way of written resolution; it must be passed at a general meeting. For further information, see Practice Note: Ireland—Removal of a director. The proposed resolution to remove a director is
PRECEDENTS
[TO BE TYPED ON THE HEADED NOTEPAPER OF THE EMPLOYER] [Employee name] [Employee address] [By email only] [Date] Dear [employee name], Requirement to acknowledge request An employer, pursuant to Work Life Balance and Miscellaneous Provisions Act 2023 (Ireland), Part III (WLBMPA 2023 (IRL)) is required to acknowledge an employee’s request for a remote working arrangement, giving their response as soon as is reasonably practicable but no later than four weeks after receiving the request. If an employer requires more time to assess the request, it may extend the response timeframe, such extension not exceeding eight weeks. Re: Acknowledgement of remote working request ‘In reference to your request’ An employee has the right to request a remote working arrangement from day one of their employment, however the arrangement can only start once the employee has had six months of continuous service with the employer. The employee should submit the request to the employer as soon as is reasonably practicable but no later than eight weeks from the proposed start date of the arrangement. Note the decision by the Workplace Relations Commission
PRECEDENTS
[TO BE TYPED ON THE HEADED NOTEPAPER OF THE EMPLOYER] [Employee name] [Employee address] [[By email only]] [Date] Dear [employee name], Requirement to acknowledge request An employer, pursuant to Part IIA, of the Parental Leave Act 1998 (Ireland) (PLA 1998 (IRL)), as amended by the Work Life Balance and Miscellaneous Provisions Act 2023 (Ireland) (WLBMPA 2023 (IRL)), is required to acknowledge an employee’s request for a flexible working arrangement, giving their response as soon as is reasonably practicable but no later than four weeks after receiving the request. If an employer requires more time to assess the request, it may extend the response timeframe, such extension not exceeding eight weeks. Re: Acknowledgement of flexible working request ‘In reference to your request...’ An employee has the right to request a flexible working arrangement from day one of their employment (see further PLA (IRL), Part IIA, s 13A), however the arrangement can only start once the employee has had six months of continuous service with the employer. The employee should submit the request to the employer as soon as is reasonably
PRECEDENTS
General This Precedent is a letter by which the employee submits a statutory request for a flexible working arrangement, which satisfies the statutory requirements regarding the form and content of such requests set out in Parental Leave Act 1998 (Ireland), s 13B (PLA 1998 (IRL)) as amended, and in the Workplace Relations Commission’s (WRC) Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working. Legal framework As mentioned above, the statutory flexible working scheme is set out in PLA 1998 (IRL), s 13B and in the SI No 92/2024 (IRL) Work Life Balance and Miscellaneous Provisions Act 2023 (Workplace Relations Commission Code of Practice on the Right to Request Flexible Working and the Right to Request Remote Working) Order 2024. The legislative framework is supported by the WRC’s Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working (WRC’s Code of Practice): The WRC Code of Conduct includes a template application for flexible working. There is, however, no requirement
PRECEDENTS
General This Precedent is a letter by which the employee submits a statutory request for a remote working arrangement, which satisfies the statutory requirements regarding the form and content of such requests set out in the Work Life Balance and Miscellaneous Provisions Act 2023 (Ireland), s 20 (WLBMPA 2023 (IRL)) and in the Workplace Relations Commission’s (WRC) Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working. Legal framework As mentioned above, the statutory right to request a remote working arrangement is set out in WLBMPA 2023 (IRL), s 20 and in SI No 92/2024 (IRL) Work Life Balance and Miscellaneous Provisions Act 2023 (Workplace Relations Commission Code of Practice on the Right to Request Flexible Working and the Right to Request Remote Working) Order 2024. The legislative framework is supported by the WRC’s Code of Practice for Employers and Employees Right to Request Flexible Working and Right to Request Remote Working (WRC’s Code of Practice): The WRC Code of Practice includes
PRECEDENTS
This Precedent is a pro-forma letter for a client to send to a self-employed individual consultant, or to a service company through which an individual consultant is providing consultancy services, in order to give written notice of termination of the engagement under the termination provisions of the consultancy agreement. The letter sets out the ground(s) relied upon, details of the default (where relevant) and then reminds the consultant of their obligations on termination, such as return of company property, and reminds the consultant of any post-termination restrictions (restrictive covenants). It deals with payments due on termination and administrative matters. The Precedent is drafted on the basis that the consultant is an individual. If the client has contracted with a service company through which an individual consultant is providing consultancy services, this Precedent can be adapted accordingly. As an essential first step, you should of course check the requirements of the termination provisions that apply to the individual concerned. The normal rules of contract law allow the parties to agree the circumstances in which the
PRECEDENTS
This Precedent is a proforma letter for an employer to send to a director or an employee who has resigned. It confirms the notice period, arrangements regarding accrued holiday, arrangements regarding departure, return of company property, announcements, Revenue Commissioners notification, etc. It also contains optional wording reminding the employee of any post-termination restrictions (restrictive covenants). This Precedent assumes that the employer will, at least initially, require the employee to work their notice. For a Precedent placing the employee on garden leave for some or all of the notice period, see Precedent: Ireland—Letter—from employer placing employee on garden leave. The employer may wish to require the employee to work only some of their notice (eg in order to effect an orderly handover of their work to another employee), and then make a payment in lieu of notice (PILON) for the balance of the notice period, or it may wish to make a PILON instead of requiring the employee to work their notice period. [ To be typed on headed notepaper of employer ] [Date] Dear