In Brief: Important Updates from April 2018

Employment Law is a complex area that is continually changing. It can be difficult to keep up to date with the latest developments, but don’t fret, the Irish Employment Law Hub is the best way to stay informed. The Hub offers in-depth articles written by expert employment lawyers and leading HR professionals, case law analysis and materials tailored specifically to how the law applies in Ireland. It is fully searchable, available 24/7 and has a useful browse by topic function.

In case you missed it… here’s a quick recap of some of the topics that featured in April 2018, including:

• A case demonstrating the importance of fair procedures in disciplinary investigations;
• A claim for harassment, discrimination and victimisation whereby the respondent made disrespectful remarks about the complainant’s culture and asked her to change her name to a more Irish one;
• We ask Michael Doyle, Associate with A&L Goodbody's Employment Law Group, about carrying over annual leave entitlement from one leave year to the next;
• Caoimhe Heery, Associate Solicitor in Ronan Daly Jermyn, offers advice on bullying in the workplace;
• Alan Haugh BL reviews a Court of Appeal decision concerning objective or perceived bias in an investigation into allegations of bullying and harassment; and
• Caroline McEnery discusses the practicalities of conducting workplace investigations as part of our new webinar series in association with NCI.

Cape Wrath Hotel Limited Citywest Hotel v Nicholas Reddin [2018] ILCR Determination No. UDD1817

The complainant, a security operative at the respondent hotel, brought a guest into the security base without authorisation. He alleged he had CCTV footage of her kissing a man and made offensive and inappropriate sexual comments to her. He was dismissed for gross misconduct. It was held the disciplinary process was procedurally unfair yet the complainant had significantly contributed to the loss he had suffered and the compensation awarded to him was reduced proportionately to €6,000.
https://www.legal-island.ie/articles/ire/case-law/2018/apr/cape-wrath-hotel-limited-citywest-hotel-v-nicholas-reddin-2018/

Ishita Sanon v Bond Personnel Group Limited [2018] Adjudication Reference: ADJ-00008025

This case involved a claim for harassment, discrimination and victimisation. The complainant alleged the respondent had made persistent disrespectful remarks about her heritage and culture and asked her to change her name to a more Irish one.
https://www.legal-island.ie/articles/ire/case-law/2018/apr/ishita-sanon-v-bond-personnel-group-limited-2018/

First Tuesday Q&A

We have an employee on long-term sick leave who claims they are entitled to carry over their contractual annual leave entitlement from one leave year to the next? What leave are they entitled to carry over and for how long?
https://www.legal-island.ie/articles/ire/features/q-and-a/2018/apr/long-term-sick-leave-carry-over-of-contractual-annual-leave-entitlement/

We have an employee on long term sick leave who we believe is abusing our sick leave policy. Can we engage a private investigator to follow her to gather evidence that we can then use in a disciplinary process?
https://www.legal-island.ie/articles/ire/features/q-and-a/2018/apr/engaging-a-private-investigator-to-follow-employee-on-long-term-sick-leave/

Bullying in the Workplace: How Do I Handle It?

In this month’s ‘How Do I Handle It?’ article Caoimhe Heery, Associate Solicitor in Ronan Daly Jermyn, considers the question:-

“We have an employee who is alleging that she is being bullied by her colleagues following the reporting of an alleged assault by a co-worker. We have suspended the co-worker but are unsure as to what to do in relation to the complaint of bullying. How do I handle it?”
https://www.legal-island.ie/articles/ire/features/how-do-i-handle-it/2018/apr/bullying-in-the-workplace-how-do-i-handle-it/

Objective Bias in Investigations: Heinz-Peter Nasheuer v NUI [2018] IECA 79

In this month’s Case Law Review Panel article Alan Haugh BL reviews a Court of Appeal decision concerning objective or perceived bias in an investigation into allegations of bullying and harassment.
https://www.legal-island.ie/articles/ire/features/labour-superior-court-review/2018/apr/objective-bias-in-investigations-heinz-peter-nasheuer-v-nui-2018-ieca-79/

Let's Discuss... Workplace Investigations

In this month’s webinar in association with NCI, Caroline McEnery, Managing Director of The HR Suite discusses the practicalities of conducting workplace investigations and provides some takeaway tips on how to avoid the common pitfalls.
https://www.legal-island.ie/articles/ire/resources/webinars/2018/apr/lets-discuss-workplace-investigations/

And don't forget to check out the March/April edition of HR in 90 Seconds.