First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

Legal Representation at a Disciplinary Hearing – When is this Permitted?

Posted in: First Tuesday Q&A ROI on 03/12/2019 In a much anticipated judgment delivered on 11 November 2019, McKelvey v Irish Rail, the Supreme Court brought welcome clarity to the legal position regarding the right of an employee to be accompanied by a legal representative at a disciplinary hearing. Last year the Court of Appeal found that the...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

Privacy in the Workplace – Whose Right is it Anyway?

Posted in: First Tuesday Q&A ROI on 05/11/2019 Do employees have the right to privacy in the workplace? Employees do not lose their right to privacy as soon as they walk through the doors of their workplace. Employees have a "reasonable expectation of privacy" in the workplace. An employee's right to privacy must be balanced against the rights ...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

Increases in Parental Leave Entitlements – Your Questions Answered

Posted in: First Tuesday Q&A ROI on 01/10/2019 This month Aisling Muldowney, Senior Associate with the Employment Law Group at A&L Goodbody, answers a range of potential questions that are likely to arise concerning the increases to Parental Leave entitlement as a result of the Parental Leave (Amendment) Act 2019. What are the current par...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures

Duty to Reasonably Accommodate – How far must an employer go?

Posted in: First Tuesday Q&A ROI on 03/09/2019 This month, Bernard Martin, a solicitor on the Employment Team at A&L Goodbody provides practical advice for employers on reasonably accommodating employees, informed by the commentary of the Supreme Court in the Nano Nagle decision. What is the duty to provide reasonable accommodation and whe...
This article is listed under the following topics:
Discrimination and Equality

Who Needs an Employment Permit?

Posted in: First Tuesday Q&A ROI on 06/08/2019 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 t...
This article is listed under the following topics:
Recruitment and Selection

A Guide to Whistleblowing in Ireland

Posted in: First Tuesday Q&A ROI on 01/07/2019 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'. What is a Protected Disclosure? It is the disclosure of 'relevant information' which, in the reasonable b...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)

Navigating an Insolvency Situation

Posted in: First Tuesday Q&A ROI on 03/06/2019 In a nutshell, an "insolvency situation" arises where a company's liabilities exceed its assets – a company is unable to pay its debts when they fall due. An insolvency situation triggers a significant number of legal considerations and in this month's First Tuesday Q&A, Aifric O'Dea, Associate...
This article is listed under the following topics:
Redundancy and Reorganisation

Practical and Legal Considerations of TUPE Matters

Posted in: First Tuesday Q&A ROI on 07/05/2019 In this month's First Tuesday Q&A, Ciarán Lyng, Solicitor, A&L Goodbody, takes a closer look at some of the practical and legal considerations for employers regarding transferring employees under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003...
This article is listed under the following topics:
Transfer Regulations (TUPE)

Sunday working – Navigating the Law

Posted in: First Tuesday Q&A ROI on 02/04/2019 This week we asked Maria Pittock, A&L Goodbody (ALG) Associate, to help employers navigate their obligations in relation to Sunday working. Maria also identifies common pitfalls for employers when ensuring their statutory obligation to compensate for Sunday work is discharged. Is an employer ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Policies and Procedures

A Guide to the Employment (Miscellaneous Provisions) Act 2018

Posted in: First Tuesday Q&A ROI on 05/03/2019 The Employment (Miscellaneous Provisions) Act 2018 was signed into law on Christmas Day 2018 and commenced on 4 March 2019. The Act is intended to improve the security and predictability of working hours for employees on insecure contracts and those working variable hours and has been described by ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave Pay and Conditions of Employment