In Brief: Important Updates from August 2019

A number of useful articles and interesting case law reviews were added to the Irish Employment Law Hub throughout the month of July and August. Here is a quick recap of some of the recent developments within Irish employment law.

Data Protection Update

During July and August, we published Business Legal’s monthly Newsletters.  July’s edition focused on the use of CCTV and the Principle of Transparency and August's dealt withthe use of the Public Services Card (PSC); Privacy Notices/Policies; verifying the identity of an individual requesting access to their data or that data be deleted; a GDPR fine in Romania; Brexit planning etc.  The newsletters are packed with useful information and guidance. 

Dealing with Data Subject Access Requests

Cormac Murphy, Senior Associate with Crowley Solicitors outlines an Employer’s obligations in dealing with DSAR’s and discusses some of the more controversial aspects such as the receipt of a DSAR during a contentious investigation, disciplinary or appeals process.

What Constitutes Objective Justification for a Compulsory Retirement Age?

Alison Martin, Associate Solicitor in the Employment Team at DWF discusses the legal position in relation to retirement dismissals and provides some practical guidance for employers wishing or intending to retire employees at a particular age.

Awareness of Employee Disability

Sinead Morgan, Senior Associate Solicitor in the Employment Group at DWF, discusses a recent WRC Adjudication case which provides some clarity on an employer’s liability for discrimination in a case where they were unaware that the Employee had a disability at the material time. 

Public Holidays During Sick Leave – How Do I Handle It?

Antoinette Vahey, Partner with Ronan Daly Jermyn considers this question:

“An employee who has been on sick leave for the past 22 weeks has tendered his resignation. We are calculating his accrued annual leave entitlement in accordance with the working time legislation however are wondering what to do with public holidays that occurred during that timeframe. He was in receipt of full sick pay for the duration of his sick leave so I assume that his entitlement to those public holidays is discharged. How do I handle it?”

Working Time - Employer Responsibilities

Ciara O'Kennedy, Partner, LK Shields, set out key aspects of the Organisation of Working Time Act 1997, as informed by recent case law.

A Guide to Whistleblowing in Ireland

Fiona Sharkey, Solicitor in A&L Goodbody’s Employment Practice Group, has provided answers to some of your questions on the topic of Protected Disclosures, commonly termed 'whistleblowing'.

Who Needs an Employment Permit?

Kevin Slattery, Associate in A&L Goodbody’s Employment Practice Group, provides answers to employers' most frequently asked questions on the topic of Employment Permits, e.g.

• Who needs an Employment Permit?
• Are there other types of working permissions available?
• How do I apply for an employment permit for my prospective employee?
• Are there minimum salary thresholds for employment permits?
• We urgently need our non-EEA employee to start work. Is there a way to expedite the Employment Permit process?
  
  

Dealing with a request for a ‘Banded Hours’ Contract

Deirdre Malone, Partner in Ronan Daly Jermyn’s Employment Group addresses the following query concerning banded hours as provided for in the Employment (Miscellaneous Provisions) Act, 2019.  

“We have an employee who has worked with us for the last five years on a casual basis – they come in to work whenever we need them.  He works, on average, about ten hours during the winter months and would then generally work full time for June, July and August, when our business is at its busiest. He is paid the minimum rate of pay for his hourly work.   The employee has now written to us and has asked to be placed on a “banded hours” contract at the maximum band (36+ hours per week).  How do we handle this?”

Impact of the Workplace Relations Act 2015 on Unfair Dismissal Cases

This review considers what impact the Workplace Relations Act 2015 and the adjudication process has had on how cases of Unfair Dismissal have been handled.  David Fagan, Business Legal, reviews changes to the law; changes to procedures; trends with regard to awards and settlements and appeals to the Labour Court.

Notification of Concern to National Vetting Bureau – Balance of Rights

This review by Paul Joyce, Barrister, features a recent High Court application for an injunction brought by a teacher to restrain the Teaching Council of Ireland from making a notification of concern to the National Vetting Bureau relating to potential harm to a child or vulnerable person.

In the course of this judgment, these aspects of the provisions and objectives of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 are considered in detail.
 

Fortnightly Reviews of Employment Law

Some of the highlights from our recent fortnightly reviews:

• Artificial Intelligence will soon impact on every workplace and Mason Hayes & Curran has produced a splendid guide to AI in Ireland and beyond
• Parental Leave Goes Up Next Month
• The Supreme Court has ruled in the reasonable accommodation case of Nano Nagle School v Daly
• The Government this week published the National Risk Assessment 2019, setting out the most significant risks facing the country in 2019
• There is a lot of Industrial Unrest - especially in the public sector - but the National Gallery of Ireland is a picture of employee contentment
• The Gender Pay Gap Information Bill 2019 will probably be enacted in the Autumn
• There are more developments on the use of Tips and Gratuities in wages
• In GB, sexual harassment complaints to employment tribunals rocket by 70 per cent in the light of #MeToo

All the Fortnightly Review of Employment Law articles are available.