Colm McNamee v Irish Municipal Public And Civil Trade Union Impact Trade Union / FORSA Trade Union Decision number: ADJ-00012244, Legal body: Workplace Adjudicator Service,
Posted In: Case Law
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Employment legislation and HR issues surrounding part-time working; flexible working; temporary work.
Collective bargaining; consultation; trade union recognition; trade union membership; industrial action; trade union representatives; redundancy and notification of unions.
Articles and case law surrounding the employment contract; varying contracts; zero hour contracts; temporary and agency contracts; written statement of employment particulars; continuity of employment; vicarious liability.
Case law and legislative updates around the principles of data protection; access rights; personal data; data protection policy; safe harbour; data protection regulation.
Disciplinary cases; disciplinary hearings ; disciplinary investigations; disciplinary penalties; disciplinary procedures; dealing with misconduct; arbitration; mediation; settlement; bullying and harassment.
Discrimination cases; disability discrimination; reasonable adjustments and accommodation; equal opportunities; risks of discrimination; employment equality decisions; harassment; victimisation.
Cases, laws and codes of practice surrounding employee health and well-being; risk management; accidents at work; working environment; safety of work equipment; stress; work-life balance.
Case law, legislation and other issues surrounding the rights and freedoms included in the European Convention on Human Rights that impact workplace practice and policy; ethics and values; personal appearance; behaviour; diversity; equal opportunities.
Wages; allowances; pay levels; pay statements; pensions; statutory payments; minimum wage; family-friendly allowances; sick pay; itemised pay statements; deductions/reductions from wages.
Updates on legislation related to pension schemes; pension age; pension eligibility; pension contributions; taxation on pensions; auto-enrolment.
Relevant articles and case law surrounding an organisation's policies and procedures including IT and social media; equality and diversity; organisational culture and behaviour; ethics and values; staff handbooks.
Issues concerning probation policy; probation periods; probationary reviews; probation checklist; employers’ obligations during probation; termination during probation.
Recruitment procedures, job specification, short-listing, reasonable adjustments, references, special employee categories, vetting procedure, criminal record, discriminatory advertisements, selection interviews, interview records, retention strategy.
Articles and case law related to staff selection, new recruits, special employee categories, fair and objective recruitment procedures, job description, job specification, short-listing, reasonable adjustments, references, vetting procedure, criminal record, discriminatory advertisements, selection interviews, interview records, retention strategy
Case law, articles and HR best practice related to short and long-term sickness and absence management; rehabilitation; return to work; sickness absence reporting.
Cases and articles concerning the application of TUPE; information and consultation; impact of transfer on terms and conditions; post-transfer period; refusal to transfer.
Tribunal and adjudication procedures, rules & regulations, penalties and jurisdiction; ADR; WRC/LRA/Acas; remedies; awards; compensation; costs; time limits.
Unfair dismissal case law and legal commentary covering issues such as fairness of dismissal; dismissal for misconduct; requirement of continuous service; awards of compensation.
Articles, legislation and case law relevant to whistleblowing issues including detrimental treatment; prescribed persons; public interest disclosures; remedies for detriments.
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