INTOXICANT TESTING IN THE WORKPLACE

Managing the problem of drugs and alcohol at work

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Welcome to the Summer edition of the Parchment. Of particular concern to practitioners has been the introduction of two important aspects of law which have taken many by surprise and which have caused significant alarm.

The Enduring Powers of Attorney (EPA) legislation was introduced in April 2023 as part of the final pieces of the Assisted Decision-Making (Capacity) Act jigsaw – see pages 8-9. The role of the solicitor has been bypassed to some extent on the one hand by the “online model” espoused. However, the significant unfair responsibility now placed on solicitors on the other hand is deeply concerning where there is an expectation that we sign off on a process that we were not involved in. However, there is a genuine fear that the new regime is a fait accompli and that it will be open to the undue influence abuse of donors.

Much around the same time as the introduction of the new EPA system, the Injuries Board (PIAB) announced new rules which come into effect in early September – see Stuart Gilhooly SC’s Closing Argument on page 64. One of these new rules is that a medical report must accompany an application to PIAB. There are times when it can prove difficult if not impossible to obtain a medical report for a client within the time or even within a reasonable time thereafter. From September, cases will become statute-barred if there is no medical report lodged with PIAB within two years of the accident. This heaps immense pressure on practitioners who will be blamed for the delay of a third party (i.e. the doctor).

Add in a raft of new regulations which came into effect on the 1st July pertaining to new Solicitors Accounts Regulations (see pages 10-13), the question must be asked –

What next?

And how much more burdensome red tape can the profession take before its members get tripped up?

John Geary jvgeary@gmail.com

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Enduring Powers of Attorney

DSBA President Susan Martin provides an update on the recent introduction of new legislation on Enduring Powers of Attorney which has caught the legal profession by surprise

The New Solicitors Accounts Regulations

Niall Cawley casts a cold eye on the new regulations which came into force on the 1st July 2023

Landmark Spectator Sports Liability Case

Craig Sowman assesses the importance of a recent Court of Appeal ruling

Vacant Homes Tax Explained

Domhnaill Small examines the new tax and comments on the procedure, exemptions, and implications of non-compliance

New State Litigation Principles

Rosaleen Byrne and Catherine Derrig scrutinise new principles which are intended to ensure the State acts as a “model litigant”

County Registrar Powers Under Scrutiny

Hilda Mannix considers a recent High Court decision of Hyland J

Personal Injuries Summons Renewal Update

Stephen McGuinness and Kevin Kelly say a recent High Court decision offers an insight on the

Dublin Solicitors Bar Association

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E: principles governing the renewal of a Personal Injuries Summons

Maximum Compensation at WRC

Geraldine Carr and Denise Moran write that a recent sexual harassment decision of the WRC serves as a cautionary reminder for employers

Ruling Family Law Terms of Settlement

DSBA President Susan Martin reviews the position and proofs when parties agree consent terms in matrimonial matters

New Work/Life Balance Law

Patrick Walshe delves into the Work Life Balance and Miscellaneous Provisions Act

Piercing the Corporate Veil

Lorna Osborne and MairiClaire Power report on the unprecedented High Court case of Powers v Greymountain Management Ltd (in liquidation)

Supreme Court has say on suspending employees

David McCauley says that recent Supreme Court judgments merit close scrutiny by any employers considering the suspension of an employee

Intoxicant Testing in the Workplace

Jennifer Cashman assesses the position pertaining to drugs and alcohol in the workplace