Monthly Archives: June 2012

European Court of Justice rules – more holidays if you fall ill during your holidays

The European Court of Justice (ECJ) ruled this week that an employee who falls ill while on paid annual leave is entitled to a further period of paid annual leave of the same duration as the sick leave, irrespective of when the employee fell ill. For example, if an employee were to take ten days’ annual leave, but were to fall ill for three days during that leave, s/he would be entitled to a further three days’ annual leave at a later point in time. Continue reading

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Filed under Employment Law, European Judgements, Recent Developments

The scope of family law – who and what it covers

Apart from the family unit itself (see my previous post for a legal definition of the term “family”), the scope of family law widens to include unmarried couples and their children, if any. There are also some instances in which someone outside the ‘parent-child’ dynamic may become involved in family law proceedings. These include cases of adoption, or when someone other than the parent of the child wishes to have some rights in relation to the custody or guardianship of that child (usually, grandparents or the HSE). Continue reading

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How is the term “family” defined under Irish law?

Any discussion on family law must start with a definition of what is, legally speaking, considered a “family”. (The debate on what should be considered a family rages on, particularly with the introduction of civil partnerships. However, for the purposes of this piece, I shall stick to the current legal definition, as at June 2012.) Though there are references to the family in Articles 41 and 42 of the Constitution, nowhere in it is there a definition of the term. Thus, as is so often the case in the legal sphere, the job was left to the courts. Continue reading

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Filed under Family Law