CyberLaw Expert Clíona Kimber, Announces New Venture – Legal Guidelines for Employers and Employees Dealing with CyberLaw Issues

Cyber

Dublin, Ireland – May 24, 2016 – Drawing on her many years’ experience as a litigator specialising in employment and equality law, Cliona Kimber is now looking at how the digital age is bringing challenges to the workplace and highlighting the challenging task that traditional laws have in keeping up with the new digital advances. Ms Kimber, Barrister at Law, discusses these topics in her new book entitled “Cyber Law and Employment” co-authored with Pauline Walley and published with Thomson Reuters.

 

“A recent survey by Fry’s Solicitors shows that 78% of employees are using social media while at work, but this is just the tip of the iceberg. When you add blogs, self publishing tools, tweets and the myriad ways to make information public, and to express opinions on line, we are dealing with a pressure cooker of issues in the workplace” said Cliona Kimber, Barrister. “The greater challenge of our age is that laws are trailing behind trying to keep pace with these new digital and self-publication tools. Help is needed to give employers and employees the tools to navigate these changes for successful workplace relationships.”

 

The top five problems that employers and employees are dealing with in the workplace which Ms Kimber has encountered in her legal practice are:

 

  • Using social media while at work-Social media can help build brand awareness and increase customers but where does corporate promotion stop and employee’s ownership of their own creative output begin? – Should employers ban social media use or encourage it?
  • Issuing guidelines for employee postings – Preventing inappropriate use of social media and other online expressions of opinion means curbing bullying, defamatory online comments that could disparage a corporate brand. While expressing personal opinions about a company and colleagues took place before the digital revolution, with social media these opinions are now placed in a public forum.
  • Stealing intellectual property (IP) – Workplace secrets and practices or customer lists can be downloaded and with the click of a mouse employees can walk out the door with this IP in the new digital age. How can organizations protect against this? Do friends and family customers belong to the employee or the organisation?
  • Controlling an employee’s personal time and private behaviour – Can or should an employer control employee behavior outside of work? Would personal inappropriate behavior reflect badly on the company if it is now available for all to see online? In what circumstances can the organisation censor an employee’s personal blog?
  • Employee background – Social media and online profiles have profound challenges for employment equality protections. Employers can now find out online about a potential workers’ race and religious beliefs, clothing, age, sex and disability and much more. How will policy makers and equality rights advocates now ensure neutral hiring?

 

Cyberlaw and Employment is available for sale immediately online via Amazon http://www.amazon.com/Cyber-Law-Employment-Pauline-Walley/dp/0414036964 or at Thomson Reuters at: http://www.roundhall.ie/navigateToUrl.do;jsessionid=10DCC554FDB3E8FED1B0EE380D2F5BD6?idOfMenuItemToHighlight=catalogue&actionToInvoke=/displayProductDetails.do&productId=647552&unitId=647552

 

About Cliona Kimber

Ms Kimber’s aims in Cyberlaw and Employment, and other publications, is to provide authoritative guidance on applicable law and legal policy for lawyers, employers, employees and anyone working in the HR arena. She is deeply knowledgeable about how the modern workplace is impacted by the seismic changes of the digital age as well as how workplace relationships, hiring, disciplining and the process of dismissing workers have changed utterly by social media and the Internet. Ms. Kimber is a renowned motivational and inspirational speaker on the topic of workplace issues working with leaders and employees, helping to solve legal disputes and educate enterprises about business and the law. She is available to talk on the topic of cyber law.

 

Cliona Kimber spent 15 years as a specialist barrister and litigator in employment and equality law. She published a number of books including Sex Equality Law (2000), Employment Equality Law (2014) and Disability Discrimination Law (1993). Prior to this, Ms. Kimber was editor of the Irish Employment Law Journal for 10 years and of the Employment Law Reports. She is also on the Committee of the Employment Bar Association of Ireland. She was a lecturer at the Faculty of Law at University of Aberdeen for a number of years prior to commencing legal practice in Ireland. She lectures to students and professionals on an ongoing basis and has lectured at Trinity College Dublin, University College Dublin, Kings Inns Dublin, and Law Society of Ireland. She has presented at expert legal and professional conferences worldwide, including the University of Maryland, USA, University of London and University of Lyon, France. She has published extensively on employment and cyberlaw.


The Bill O’Reilly Divorce Factor: It Just Got Worse

Oreilly2

Bill O’Reilly the Fox News host is planning a $10 million lawsuit against his former wife in litigation that appears increasingly acrimonious as he makes claims of cheating.

Reports indicate that O’Reilly claims his former wife knowingly made false representations and omissions regarding their divorce settlement.  Gossip site Gawker released a copy of the Summons With Notice claiming that Maureen McPhilmy “knowingly made false misrepresentations and material omissions of existing fact … [during the couple’s divorce settlement proceedings] … for the sole purpose of inducing [O’Reilly] to agree to a consensual divorce and to obtain money and real property to finance an existing extra-marital relationship.”

O’Reilly’s claim amounts to an allegation that McPhilmy concealed information about a relationship with another man so she could obtain a better divorce settlement from him.  He goes further, claiming she obtaining funds that were used to advance the relationship.

Reports Lawnewz:  A separate filing reveals that O’Reilly’s attorneys also recently requested that all future filings related to this potential action be filed under seal.

The Memorandum of Law in Support of Plaintiff’s Motion to Seal Pursuant to NYCRR 216.1 states that as a public person, and based on past history, matters involving O’Reilly tend to attract media attention that causes his children “extreme emotional distress.”

And who is the ‘Third Man?’

Evidently O’Reilly was disinterested in Gawker’s request for comment, but evidently the relationship is with a Nassau County Police Department detective named Jeffrey Gross. McPhilmy and Gross began dating in 2010 shortly after she and O’Reilly separated.

O’Reilly Divorce Setbacks

Bill O’Reilly has gone through an increasingly bitter battle over his divorce, with a February ruling from a New York Appeals court that his school age children should live with their mother.  The lengthy decision indicated that the children did not wish to live with him.

The Court ruling stated:  Viewing the totality of the circumstances, there is a sound and substantial basis for the Supreme Court’s determination that it is in the best interests of the children for the mother to be awarded primary residential custody. Particularly relevant in this case are the clearly stated preferences of the children, especially considering their age and maturity, and the quality of the home environment provided by the mother[.]

Accusations of domestic violence have also been raised against O’Reilly, who has fought a multi-pronged battle against his former wife, loding appeals and vehemently defending his position and role in the marriage and as father to the children.

But it appears it’s not going to be getting any better any time soon.

About The Author