First Tuesday Q&A

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

Compulsory Retirement and Age Discrimination

Posted in: First Tuesday Q&A ROI on 30/04/2018 In this month's First Tuesday article, Noeleen Meehan, Associate in A&L Goodbody's employment law group, considers some frequently asked questions in relation to contractual retirement ages and age discrimination against the backdrop of a number of recent high profile decisions. Should a retir...

I am a plumbing contractor and one of my employees recently approached me to say that he read somewhere that a new minimum rate of pay had come into effect for plumbers. What is he referring to and do I need to increase his hourly rate of pay?   

Posted in: First Tuesday Q&A ROI on 03/04/2018 It seems your employee must have been reading the recent press coverage on the Sectoral Employment Order (Mechanical Engineering Building Services Contracting Sector) 2018 being signed into law. This SEO took effect on 6 March 2018 and applies to certain categories of workers in the mechanical engi...
This article is listed under the following topics:
Collective and Trade Union Issues Pay and Conditions of Employment

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?

Posted in: First Tuesday Q&A ROI on 03/04/2018 The engagement of private investigators by employers was, up until relatively recently, a commonplace practice but is now one that is fraught with legal risk. While a number of recent cases from the Workplace Relations Commission suggest that Adjudication Officers remain willing to consider pertine...

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? 

 

Posted in: First Tuesday Q&A ROI on 03/04/2018 Sections 19 and 20 of the Organisation of Working Time Act 1997 govern the entitlement of employees to accrue annual leave while they are on certified sick leave and to carry that leave forward from one leave year to the next in certain circumstances. In summary, an employee on certified sick leave...
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Sickness and Absence Working Time and Leave

Is it necessary to follow a disciplinary process prior to dismissing an employee on long-term sick leave? 

Posted in: First Tuesday Q&A ROI on 03/04/2018 This very issue was recently considered by the High Court in the case of McKevitt v Dublin Bus [2018] IEHC 78. Ms McKevitt had been compulsorily retired from her job as a bus driver on the grounds of medical incapability and challenged the lawfulness of that decision under the Unfair Dismissals Act...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality Policies and Procedures

How to Carry Out & Comply with the GDPR

Posted in: First Tuesday Q&A ROI on 06/03/2018 This month’s First Tuesday article is a range of questions that were submitted by audience members as part of Legal Island’s Annual Review of Employment Law conferences 2017, with a specific focus on the GDPR. The need to understand and appreciate the strict obligations on employers with regards th...

We have an employee on sick leave and want to cut her sick pay – can we do it? 

Posted in: First Tuesday Q&A ROI on 06/02/2018 This is always a tricky one. In an ideal world the employee would either have an explicit contractual term or there will be a company policy in place regulating their entitlement to sick pay e.g. employees may be entitled to 4 weeks’ sick pay per year. Where such a clause exists, all things being e...
This article is listed under the following topics:
Sickness and Absence Contracts of Employment Pay and Conditions of Employment

The Company recently paid for training for an employee who has just handed in his notice. The employee’s contract provides that we can seek repayment of all training fees incurred if he leaves now – can we enforce this and, if so, how?

Posted in: First Tuesday Q&A ROI on 06/02/2018 Repayment clauses can be enforceable in Ireland. Subject to some exceptions, the Payment of Wages Act 1991 generally allows for deductions from wages in circumstances where the deduction is specifically authorised by the employment contract (as it is here). Among other requirements under the Paymen...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

If a Company’s mandatory retirement age is increased from 63 to 65, does the employer have to inform the whole organisation or just those approaching the age?

Posted in: First Tuesday Q&A ROI on 06/02/2018 Any employees affected by this proposed change would have to be notified and potentially would have to agree to the change of mandatory retirement age. Practically speaking it may make sense to implement the change for all employees at the same time, rather than running the risk of some form of pot...
This article is listed under the following topics:
Contracts of Employment Pensions Policies and Procedures

Can I move an employee to a different functional team where their contract allows them to be moved to other duties deemed appropriate to their grade?

Posted in: First Tuesday Q&A ROI on 06/02/2018 There is a general recognition that organisations need to be able to change and adapt as time passes and organisations have a certain amount of flexibility to change work practices where required, particularly in times of challenging economic circumstances. In this regard employers often include a ...