PEOPLE FOCUS - CIPD

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INTERNET PEOPLE FOCUS How the CIPD website can help you find information Did you know that there are a wide range of resources available on the CIPD website at www.cipd.ie which can help you in your job? What follows is a brief tour of some of these. Keeping up to date with current affairs No time to trawl through the news? Let us do the work for you. • Latest news www.cipd.co.uk/branch/ ireland/resources/latestnews.htm We summarise the latest HR, employment and business news each morning to save you having to read all the newspapers yourself. • Business data www.cipd.co.uk/ branch/ireland/resources/ businessdata.htm We round up the latest economic indicators to enable you to make informed business decisions quickly. • News from government www.cipd.co.uk/branch/ireland/ resources/newsfromgov.htm We monitor the main government departments and agencies of interest to HR practitioners and summarise the issues. We also cover major events such as the recent national pay talks and Budget 2009. Staying within the law Unsure about how the law affects you and your colleagues? Our Employment law in Ireland section at www.cipd.ie/law addresses the main legislation relating to HR. • New legislation and Recent cases We monitor new and forthcoming legislation and summarise the most important employment-related court cases. 20 • Employment law newsletter Our employment law newsletter provides a regular analysis of the legal developments over the last few months. • Employment law factsheets Our employment law factsheets, written by A&L Goodbodys, provide an introduction to current and future law relating to the main aspects of the employment relationship and the most important codes of practice. Helping you with your work Been asked to deal with a new area? Find out how to go about it with our resources. • Factsheets www.cipd.co.uk/ onlineinfodocuments/factsheets.htm Our extensive library of factsheets give introductory guidance on a wide variety of HR topics. • Practical tools and activities www. cipd.co.uk/onlineinfodocuments/ toolacts Our range of ‘starter for ten’ tools and practical exercises are designed to help you tackle current and emerging issues. • CIPD professional Communities http://www.cipd.ie/networking If we haven’t answered your question on the website, you can discuss it with other CIPD members in Ireland in our communities. Finding out more about an issue Want to learn more about a subject? Research it using our tools. • Podcasts www.cipd.co.uk/podcasts/ Our podcasts give you the opportunity to hear the views of the top HR speakers on the major issues facing the profession • Useful publications www.cipd.co.uk/branch/ireland/ resources/usefulpubs.htm We have compiled a directory of business, governmental, HR and employment, and health and safety publications. • Useful links www.cipd.co.uk/branch/ ireland/resources/links.htm We have collected together links to the main government bodies, organisations, employment law sources and academic institutions of relevance to the HR profession. • Online journals www.cipd.co.uk/ onlineinfodocuments/journals/ You can search more than 350 online full text journals covering HR, training, pay and benefits, employee relations, employment law, corporate governance, management and business issues. • Company profiles www.cipd.co.uk/ onlineinfodocuments/companies We offer access to a wealth of online information on companies in Ireland and abroad produced by Datamonitor. • Country reports You will soon be able to research countries online via our website ■ If you would like to know more about these or the other resources available on the CIPD website or would like someone to come and give a presentation on them, please contact Catherine Rochester on +44 208 612 6646 or C.Rochester@cipd.co.uk or CIPD Ireland: 01-6530400
EMPLOYMENT PEOPLE FOCUS Directors risk disqualifications by Maria Gleeson, A&L Goodbody ODCE Focus on Disqualification for Offences relating to a Company At the recent conference of the Health and Safety Lawyers Association of Ireland, the Legal Adviser to the ODCE spoke about their focus on enforcement of the automatic disqualification provisions in Section 160 of The Companies Act, 1990, of persons convicted of an indictable offence relating to a company. He cautioned that such disqualification does not require a Court Order and that directors, officers or managers who have been convicted on indictment for offences relating to a company, such as health and safety offences or offences under The Competition Act, 2002, and who were continuing to act in any way in the promotion, formation or management of any company were in breach of the automatic disqualification provisions. The Employment Law Compliance Bill, 2008 The Employment Law Compliance Bill, 2008, provides for 23 new offences for breaches of employment law, which may be prosecuted on indictment. Similarly to our Health and Safety legislation, the Bill provides for personal liability of directors, managers and officers. If the Bill is enacted in its current format, the automatic disqualification provisions in The Companies Act, 1990, would also apply to individuals convicted on indictment for these new offences. Register of Disqualified Directors. The ODCE have made the point, however, that convicted individuals are deemed disqualified and that this disqualification is effective, regardless of whether or not it has been registered in the Companies Office. Comment On an asset transfer or share purchase, it is important for the Transferee/Purchaser to establish whether the transferor/ vendor company and/or any individual directors/employees have been prosecuted on indictment for any offences relating to a company, including offences under competition, health and safety and employment legislation, and to ensure that any such individuals do not continue to act in the promotion or management of the company following the completion of the transaction. Such action will ensure that the transferee/purchaser will not fall foul of the prohibition against directors, officers and management of any company acting in accordance with the directions or instructions of any disqualified person ■ Maria Gleeson, Associate Solicitor, A&L Goodbody, IFSC, Dublin 1. www.algoodbody.ie Register of Disqualified Directors The HSA has reported that of twenty eight prosecutions taken by the Authority in 2007, seven individuals were prosecuted for health and safety offences on indictment. The Courts Registrar is required to submit details of any individuals convicted of an indictable offence in relation to a company to the Companies Office where they will be recorded in the 22
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PEOPLE FOCUS - CIPD

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