First Tuesday Q&A

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

Can you clarify how to calculate annual leave entitlement for employees who work irregular hours?

Posted in: First Tuesday Q&A ROI on 03/07/2018 Annual leave accrues to an employee on the basis of the hours and days worked by that employee. The Organisation of Working Time Act 1997 sets out three ways the entitlement to annual leave may be calculated: four of the employee's normal working weeks in a leave year in which the employee works a...
This article is listed under the following topics:
Working Time and Leave

Is an employee automatically entitled to an allowance in lieu of annual leave? What if they chose not to take their accrued annual leave during their employment?

Posted in: First Tuesday Q&A ROI on 03/07/2018 An employer may only pay in lieu of annual leave for days in excess of the statutory minimum or on termination of employment. The actual taking of leave is the rule and the allowance in lieu is the exception. A recent opinion from the Court of Justice of the EU in the joined cases C-619/16 (Sebasti...
This article is listed under the following topics:
Working Time and Leave

Should commission payments be included in the calculation of holiday pay?

Posted in: First Tuesday Q&A ROI on 03/07/2018 Yes. The method for calculating holiday pay is set down in the Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997 (S.I. No. 475/1997). The determining factor is whether the employee's rate of pay varies or not in relation to work done. This is because holiday pay is c...
This article is listed under the following topics:
Working Time and Leave

Can a company enforce a policy that annual leave must be taken within the leave year and not allow any carry forward of holidays?

Posted in: First Tuesday Q&A ROI on 03/07/2018 Yes. The Organisation of Working Time Act 1997 (the Act) outlines an employee's statutory entitlement to take paid annual leave during a prescribed "leave year". The precise times at which such annual leave is taken is a matter for the relevant employer. The rationale behind employees' annual leave...
This article is listed under the following topics:
Working Time and Leave

A Guide to Workplace Investigations in Ireland

Posted in: First Tuesday Q&A ROI on 05/06/2018 Kevin Slattery provides up to date and relevant practical advice, in line with these decisions, on how such investigations should be conducted, their place within the overall disciplinary process and the potentially far-reaching implications of Lyons. Can employees cross-examine in internal workpl...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

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...
This article is listed under the following topics:
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