Crowley Solicitors Hot Topics Series

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Features

The Right to Representation at a Disciplinary Hearing

Posted in: Crowley Solicitors Hot Topics Series on 13/09/2016 A question which frequently arises in the context of disciplinary hearings is the right of the employee the subject of the disciplinary proceedings to legal or other outside representation. In complying with the well-established principles of natural justice and fair procedures, it is important for...
This article is listed under the following topics:
Disciplinary and Grievance Issues
Features

Retirement and Age Discrimination – Frequent Questions Answered

Posted in: Crowley Solicitors Hot Topics Series on 06/07/2016 The area of retirement and age discrimination raises frequent queries for our readers. In light of the increasing state pension age and the disconnect between many employer’s contractual retirement age and the state pension age coupled with the increasing preference of older workers to work beyond ...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures
Features

Q&A - Working Time Legislation in Ireland

Posted in: Crowley Solicitors Hot Topics Series on 26/05/2016 1. If you pay discretionary sick benefit can you have a policy where that discretionary benefit is not paid if sick leave is taken either following or preceding leave, be that leave annual leave/maternity leave/parental leave? There is no statutory obligation on employers to pay sick leave and it ...
Features

Workplace Relations Commission Inspections – Is your business inspection fit?

Posted in: Crowley Solicitors Hot Topics Series on 11/04/2016 The Workplace Relations Commission (“WRC”) is empowered to monitor employment conditions through its inspection services to ensure compliance and enforcement of equality and employment related legislation. These functions were previously performed by NERA. In this Hot Topics Article, Emer O’Sulliva...
Features

Organisation of Working Time: UK EAT Says Commission is to be Included in Calculation of Holiday Pay

Posted in: Crowley Solicitors Hot Topics Series on 29/02/2016 Deirdre Crowley in Crowley Solicitors has been observing developments in the UK in respect of the core pay issue regarding the inclusion of commission in the calculation of holiday pay. In this brief review, Deirdre brings readers up to speed in relation to a significant decision from the UK Employ...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment
Features

Grievance Raised During Investigation or Disciplinary Proceedings - Key Considerations

Posted in: Crowley Solicitors Hot Topics Series on 08/02/2016 A scenario which often arises for employers during the course of an investigation or disciplinary process is that an employee raises a grievance, either in relation to the process itself or in relation to some other related or unrelated matter and an employer must determine how best to handle this ...
Features

Procedures for Addressing Allegations of Bullying in the Workplace

Posted in: Crowley Solicitors Hot Topics Series on 18/01/2016 On 8 December 2015, the Court of Appeal, by a two to one majority, overturned the High Court judgement of Mr Justice O’Neill delivered on 9 May 2014 in Ruffley v Board of Management of St. Anne’s School [2014 IEHC 235]. This was a case involving a claim of bullying and harassment which the plaintif...
Features

Suspension of an Employee Pending an Investigation - Key Update

Posted in: Crowley Solicitors Hot Topics Series on 18/12/2015 The question of suspension of an employee pending an investigation of a complaint/allegation is one which frequently arises for employers. The recent judgements in the High Court in The Governor and Company of the Bank of Ireland v Reilly [2015] IEHC 228 and in the EAT in Smith v RSA have changed t...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues
Features

Q&A on Working Time Developments

Posted in: Crowley Solicitors Hot Topics Series on 10/11/2015 The practice in our organisation was that once an employee was out on sick leave, any time absent from work on sick leave was not included in the calculation of annual leave entitlement, e.g. if the employee missed 1.5 months of work due to sick leave then we calculated the annual leave by dividing...
Features

Dismissal for Incapacity - Key Update

Posted in: Crowley Solicitors Hot Topics Series on 11/09/2015 This article considers an employers’ approach towards dismissals for reasons of incapacity…Employers’ approach towards dismissals for reasons of incapacity is under the review in light of recent developments regarding the accrual of annual leave during sick leave. Employers are now weighing up the ...