First Tuesday Q&A

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

We have an employee whose probation has been extended and is not performing. He is likely to be let go with 11 months’ service. We would like to give him an additional six months to get another job. Can we use a compromise agreement to get him to agree not to take an unfair dismissal case where the consideration is that he keeps his job for six months? We would pay for a solicitor for him.

Posted in: First Tuesday Q&A ROI on 05/04/2016 In order to bring a claim for unfair dismissal under the Unfair Dismissals Acts 1977 to 2015 (the “Acts”), an employee must be in a position to demonstrate that he has one year’s continuous service with his employer. Therefore, on the provision of six months additional service, the employee will be...
This article is listed under the following topics:
Unfair Dismissal Probation

Does statutory annual leave apply to a member of staff who has been on unpaid sick leave?

Posted in: First Tuesday Q&A ROI on 05/04/2016 Since 1 August 2015, an amendment to the Organisation of Working Time Act 1997 allows workers to accumulate statutory annual leave entitlement during a period of certified sick leave. It also allows workers to retain annual leave they could not take due to illness for up to 15 months after the end ...
This article is listed under the following topics:
Working Time and Leave

What happens if personal data is hacked? Does the employer have liability?

Posted in: First Tuesday Q&A ROI on 05/04/2016 Where an employer holds personal data relating to its employees (or any other third parties), the employer will be a Data Controller for the purposes of the Data Protection Acts 1988 and 2003 (the "Acts"). A Data Controller has various obligations under the Acts in relation to the control and safek...
This article is listed under the following topics:
Data Protection and Freedom of Information Act

‘If and when’ contracts. Where do employers stand? What are the rules?

Posted in: First Tuesday Q&A ROI on 05/04/2016 Employers in Ireland can offer “if and when” or "as required" contracts to workers which may create for the employer a bank or panel of casual workers that it can request to work on short “assignments” where the needs of the business require. The contracts are distinct from “zero-hour contracts”, ...
This article is listed under the following topics:
Contracts of Employment A-Typical Working

How common is re-instatement by a labour court following a finding of unfair dismissal?

Posted in: First Tuesday Q&A ROI on 01/03/2016 When instituting a claim under the Unfair Dismissals Acts 1977-2015, the claimant must specify the redress sought – i.e. reinstatement, re-engagement and / or compensation. Where reinstatement is ordered, the employee is put back to the same position he/she held immediately before the dismissal on ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues

Why are fixed-term workers entitled to statutory redundancy pay after two years? What if the business doesn’t need them anymore?

Posted in: First Tuesday Q&A ROI on 29/02/2016 Fixed-term employees are statutorily entitled to a redundancy payment by virtue of the Redundancy Payments Acts 1967-2014 (the “Acts”) which provide for a minimum redundancy payment for all employees who have been in employment for more than 104 weeks and who have been dismissed by reason of redund...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

I thought that if you wanted to dismiss a worker on probation, you still had to follow your disciplinary process. Is this not the case?

Posted in: First Tuesday Q&A ROI on 29/02/2016 Employees who have less than 12 months continuous service with the employer, including employees on probation, are not entitled to bring claims under Unfair Dismissals Acts 1977 to 2015. Therefore, the process for dismissal, including the disciplinary process, is generally subject to less scrutiny ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues Probation

In a situation where an employer has failed to act after the expiry of a fixed term contract and the employee continues to work, will the employee automatically have a contract of fixed duration?

Posted in: First Tuesday Q&A ROI on 02/02/2016 We understand from the question that the employee in question has only been employed on one fixed term contract.In the circumstances, it is the principles of common law rather than the Protection of Employees (Fixed-Term Work) Act, 2003 that apply in circumstances where a fixed-term contract has ex...
This article is listed under the following topics:
Contracts of Employment

Can an employer make an employee take their accrued but untaken holidays during their notice periods where there is no express contractual provision?

Posted in: First Tuesday Q&A ROI on 02/02/2016 Section 23 of the Organisation of Working Time Act 1997 (the “Act”) provides that employers must pay employees in lieu of accrued but untaken annual leave in respect of their last year of employment. The Act does not, however, specify whether employers can oblige employees to take the annual leave ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave