aircobra19
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Eh? That does not seem to tally with the information posted on CitizensInformation.
No, but they can request that you sign up to T&Cs which don't breach your statutory rights. Confidentiality or non-compete clauses would be an example, although they wouldn't really apply here.But they can never abrogate your statutory rights no matter what they put in the contract as far as I know.
I suspect that that's the case here, too — it hasn't been put to the test, afaik. I have no written contract other than my (fairly summary) job description, as advertised at the time, and the subsequent formal letter of offer which specifies my point of entry on the salary scale. Newer appointees' contracts specify minimum numbers of teaching contact hours and a range of additional supervisory/administrative duties. Mine are a matter of negotiation, 'custom and practice' and a sense of mutual fairness. There hasn't been a problem yet, but if that were to change one day I think I'd be glad to have a more minimal contract than the one currently being offered to new appointments. But this is getting a little off-topic...Is that actually legal? What is the supposed penaltu for them failing to continue to meet this condition? I can't imagine that this is enforceable. Unenforceable clauses in contracts are not unusual (e.g. most non-compete clauses are for all intents and purposes unenforceable).
A non compete clause is generally unenforceable in Ireland as far as I know. At least that's the legal advice I got on it a few years back. Note that I am not talking about stealing intellectual property or anything like that here. Basically a former employer cannot prevent you from earning a living even if this means you working for a competitor.No, but they can request that you sign up to T&Cs which don't breach your statutory rights. Confidentiality or non-compete clauses would be an example, although they wouldn't really apply here.
All well and good if you and your employer are fair. But the latter doesn't seem to apply in Margie's case since her employer led her to believe that she was entitled to some benefits to which it now seems she may not be.Mine are a matter of negotiation, 'custom and practice' and a sense of mutual fairness.
H. EMPLOYMENT AGREEMENTS
Restraint of Trade
The common law Doctrine of Restraint of Trade has long been used to regulate employee non-compete clauses. Under the Doctrine, a non-compete clause in an employment agreement must be reasonable if it is to be enforceable. What is reasonable will depend upon the circumstances of each individual case. A non-compete clause in an employment agreement must be limited in scope to the business of the company, and in geographic area to the area in which the company carries out its business. The time-limit must be reasonable, and this will vary depending upon the context. An employee may be restrained from soliciting customers and other employees but in practice it may be difficult to enforce these clauses in the courts.
I think another poster pointed out the way around this which is to demand a repayment when a person doesn't return to work which is fair enough.
A non compete clause is generally unenforceable in Ireland as far as I know
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