Finders Keepers, Losers Weepers: The Law on Losing Things on Public Transport

Thankfully, this playground chant is for the most part not true. Although the loser may weep for the temporary inconvenience, if they go and seek out the finder- they have the rights in relation to getting their property back. The finder can however remain the keeper if after making a reasonable amount of effort to find the previous owner they aren't successful.

Misplaced a Book on the Train

Each terminal station has a lost property office where items can be claimed.

Left a Phone on the Bus

Dublin Bus has a lost property office on Earl Place where customers are welcome to come and collect their property with a  €2 maintenance fee attached to every claimed item. Items will usually arrive after one working day. Dublin Bus also sporadically tweets pictures of phones that have been recently found in an attempt to reunite them with their owners.

Forgot an Umbrella in a Taxi

Taxis, hackneys and limousines are bound by the Taxi Regulation Act 2013 to hand in any lost property left in their vehicle to An Garda Síochána. Your local Garda station can tell you if it's been handed in anywhere. When something is handed in, it is kept between 31 and 366 days at the discretion of An Garda Síochána depending on the nature or a value of the item, to enable the owner to reclaim it. You will be asked to give ID before your property is handed back. It is much easier to claim your property if you have the license number of the cab you are in, this can be found on your receipt.

If your item has not been handed in when you first make the enquiry, don't despair!  It’s worthwhile to ask again a week or so later because it might not have been handed in immediately after being found. An Garda Síochána have a new online service to help people find lost or stolen property that can be found on the 'Property in Garda Possession' link on the homepage of the www.garda.ie website.

Sources

Parker v British Airways Board, [1982] 1 QB 1004 [EM1] 

This is an English case which governs the law of finding.  Irish law follows a similar precedent. In this case Mr Parker found an expensive watch on the ground of an airport lounge. It was held that since the original owner could not be found, Mr Parker, the finder was allowed to keep it. 

Some useful resources to check out if you’ve lost property are

http://www.citizensinformation.ie/en/travel_and_recreation/public_transport/rail_services_in_ireland.html

http://www.dublinbus.ie/Contact-Us1/

https://twitter.com/dublinbusnews/

http://www.citizensinformation.ie/en/travel_and_recreation/public_transport/duties_of_drivers_of_spsv_in_ire.html

http://www.transportforireland.ie/taxi/taxi-lost-property/

http://www.garda.ie/Controller.aspx?Page=6363&Lang=1

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 [EM1]Eric, I think you need to explain the relevance of this case?

Mandatory Pet Microchipping

This month the Animal Health and Welfare Act 2013 (Commencement) Order 2014 was finally signed into power by the Minister for agriculture, food and the marine, Simon Coveney. This Act will see an increase in protection for both commercial and domestic animals for a number of reasons. One of these reasons is that the Minister for Agriculture now has the ability to delegate powers to authorised officers, such as ISPCA officers and Gardaí, in order for them to investigate complaints of animal cruelty. These officers are now able to investigate private homes and issue on-the-spot fines with the backing of legislation. The Act also imposes stricter penalties on those who do commit acts of cruelty such as bans on owning or working with animals and 5 year prison sentences.

One of the most notable aspects of the new Bill is the upcoming law on microchipping your pet; beginning this September, it will be mandatory that all dogs have a chip by March 2016. This chip will contain a unique serial number linked to a national database along with the owners contact information. Currently 1 in every 3 dogs in Ireland has a microchip but without the new law experts feel as if the movement will plateau. Minister Simon Coveney notes that “the benefits of having your pet microchipped have been well established.” It not only speeds up the rehoming process but significantly reduces costs for shelters. Lost pets and owners will be quickly reunited lowering the stress levels of all involved. This is especially important because, as it stands now, less than half of found pets are reunited with their owners. Mandatory microchipping will also deter the abandoning of animals and bring those who commit this cruel act to justice.

Under the Order, the Minister will also be bringing forward sixteen statutory instruments including the Prohibition on Tail Docking and Dew Claws (Dogs) Regulations 2014. Dew claws are the fifth toe of a dog located on the back of the legs. Tail docking is where the tail of a dog is removed; this is usually done surgically as puppies though many backyard breeders and irresponsible owners have been known to attempt the feat themselves with results ranging from bad to death. This regulation will ban the docking of tails for cosmetic reasons, allowing it only in very limited circumstances under strict medical guidelines. Further prohibitions include the attendance of filming of a dog fight, and new laws regarding trafficking of animals.

The new act modernises the existing laws under the Protection of Animals Act 1911 and Diseases of Animal Act 1966. It aims to balance the requirements of the food sector with the need to protect the health and welfare of animals; so not only is it protecting the health and welfare of animals but it is also protecting the quality of our food. Minister Simon Coveney is now seeking to write out codes of practice in order to clarify what good welfare is.

This new Act will have resonance with pet owners, farmers, concerned citizens and people who just like to eat meat and dairy. There will be a conference on the 16^th of May to introduce to new laws, explain the act and discuss the issue of animal welfare. This conference will take place in Dublin Castle. Dog owners should be aware that the DSPCA has been holding free microchipping events and to look on their website for dates. Finally, it should be noted that, for anyone who wishes to report an instance of animal cruelty, the Department for Agriculture has opened a new hotline which can be reached at 1850 211 990. All calls are confidential.

Sinead MacFhionnlaoich

GCD FLAC

Employment Rights

With most people working either part or full time during college and with summer coming up, this guide relating to payment of wages, working hours, contract of employment and unfair dismissal should be a starting point for allowing you to ensure your employment rights aren’t being trampled upon.

Payment of Wages.

Minimum wage in Ireland is 8.65 per hour. The Payment of Wages Act 1991 states that every employee is entitled to a payslip. This will allow you to see all your deductions, your tax status and your net pay. Every employee is entitled to holiday pay, even if part time. Often this is can be varied by contract, such as a clause in the contract stating ‘Must work X hours a week to be entitled to holiday pay’. Generally, part-time workers are entitled to 8% of their total hours worked in holiday pay.

Working Hours.

The Organisation of Working Time Act 1997 expressly states employee’s hours of work and rest breaks. A maximum hours that can be worked is a 48 hour period over a period of 4 months, this means that for example, 56 hours could be worked one week and 40 hours the following week.

All employees must be given a 15 minute rest break every 4.5 hours and a 1 hour rest break after 6 hours. An employee must have a break of 11 hours every 24 hours.

Contract of Employment.

An employee must be provided with a written statement of the terms and conditions of their employment within 2 months of commencement of employment. This is generally done in the form of a contract. There are 13 conditions that must be included:

1. The full names of the employer and employee.

2. Address of the employer.

3. The place of work.

4. The title of the job and nature of the work.

5. The date of commencement of the employment.

6. The expected duration of the employment, if a temporary contract.

7.  The remuneration of the employee. 

8. When and how the remuneration is payable.

9. Hours of work.

10. Any terms and conditions in relation to paid leave.

11. Any terms and conditions relating to pensions and incapacity owing to sickness or injury.

12. The period of notice of termination for both the employer and employee.

13. A reference to any collective agreements which directly affect the terms of employment.

Unfair Dismissal.

An employee with over one year continuous service is entitled to bring a claim under the Unfair Dismissals Acts 1977-2011. However if the reason for dismissal is pregnancy or Trade Union membership, then employees are protected from day one of their employment.

It is for the employer to prove that there were substantial grounds to justify the dismissal and if a finding of unfair dismissal is to be avoided, not only must the employer establish that the reasons for the dismissal were fair but also that the procedures followed were fair and constitutionally acceptable.

Proceedings must be instituted within 6 months of the date of dismissal or within 12 months in exceptional cases.

Ella Weld

GCD FLAC

Ireland's Court of Appeal

The Court of Appeal came into being on 20^th July 2014 after a referendum that took place in 2013. This provides for a general Court of Appeal that will sit between the High Court and the Supreme Court. The main purpose for the establishment of the Court of Appeal was to improve the efficiency of the Courts and to reduce the long time periods that are in place for an appeal to be heard.

There was a dire need for the establishment of a Court of Appeal. This was first recognised in 2009. The Chief Justice of Ireland Susan Denham also commented on the need for an Appeal Court and said that the Supreme Court was not developed to deal with such a volume of cases and the complexity of the cases that it now sees before it on a daily basis. Before the introduction of the new Court there was delays of up to four and a half years which is not sustainable nor are such delays in the interest of justice.

The Supreme Court was designed to deal with cases of significant public importance and matters which relate to the Constitution and important issues of law. The Supreme Court should be viewed as the Court of last resort. In the 2013 Referendum over two thirds of people voted to amend the Constitution and allow for the establishment of the Court of Appeal.

THE COMPOSITION OF THE COURT OF APPEAL

The Court of Appeal will consist of the President of the Court along with nine judges. The Court of Appeal Act 2014 allows for three judges to hear a case. The Court of Appeal will be the Appeals Court for decisions of the High Court and its decisions will be final save in limited circumstances.

CAN YOU BYPASS THE COURT OF APPEAL?

In exceptional circumstances it will be possible to bypass the Court of Appeal. In order to bypass the Court of Appeal permission must be granted by the Supreme Court to do so. For a “Leapfrog Appeal” the Supreme Court will take into account the issues of the case and decide whether they are in the interests of justice and whether the decision is of public importance. What this means is that the Supreme Court will decide what type of appeals they will hear. The types of cases the Supreme Court will hear will more than likely be cases which are of significant legal importance, or of significant public interest or which raise a constitutional issue.

The decision of the Court of Appeal will be final save in limited circumstances. What this means is that the decision will be final unless the Supreme Court determines that it is of significant public interest or that the interests of justice require an appeal to the Supreme Court. It can be said that the Supreme Court is the Court of last resort.

WHAT DOES THE COURT OF APPEAL MEAN FOR THE PEOPLE OF IRELAND?

The Court of Appeal will have a significant impact on the long waiting lists and will improve the efficiency of the courts system. What this means is that it may reduce the costs for people who want to appeal a decision and shorter time periods mean that people will have access to justice in a timely manner. It must be noted, however, that it is too early to say whether the Court of Appeal has achieved its aims.

Jack Murphy
GCD FLAC