Crowley Solicitors Hot Topics Series

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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 ...
Features

Independent Legal Advice - Eoin Kerrigan v Smurfit Kappa Ltd, c/o Smurfit Kappa UD 1921/2011

Posted in: Crowley Solicitors Hot Topics Series on 24/02/2015 Deirdre Crowley writes: This article focuses on the best approach to a situation where an employee is being asked to sign a document waiving their entitlement to take a claim against their employer: The recent Employment Appeals Tribunal decision in Eoin Kerrigan v Smurfit Kappa Ltd, c/o Smurfit K...
Features

Q&A on Working Time and Sick Pay Developments

Posted in: Crowley Solicitors Hot Topics Series on 16/01/2015 This article has addressed some frequently asked questions in relation to working time and sick pay developments. The questions answered in the article are: Is payment in lieu of annual leave authorised where an employee leaves the company? In payment for annual leave, should this include care al...
Features

No Fault Termination of Employment Contracts - A New Dawn in Irish Employment Law

Posted in: Crowley Solicitors Hot Topics Series on 11/11/2014 Deirdre Crowley writes:'No fault' terminations, where an employer terminates a contract of employment on notice to an employee, have very recently been held by the High Court in two separate decisions to be lawful. In such no fault terminations, it appears that an employer will be entitled to termi...
Features

Beware of Burnout

Posted in: Crowley Solicitors Hot Topics Series on 14/10/2014 Emer O’Sullivan writes: Excessive workloads or working hours are one cause of workplace stress which could lead to an employee claiming damages against their employer for constructive unfair dismissal and for psychological injuries sustained by an employee as a result of their working situation. T...
This article is listed under the following topics:
Health and Safety Working Time and Leave
Features

Recruiting Top Talent in a Recovering Economy: Key Points

Posted in: Crowley Solicitors Hot Topics Series on 08/07/2014 Deirdre Crowley writes:Employers in buoyant sectors are repeatedly citing a lack of key skills as the hottest issue on their agenda right now. With the gradual uplift in the economy, HR leaders are now challenged to mobilise key talent to help businesses grow. Employment, equality and industrial re...