First Tuesday Q&A

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

If a person works for a company as an agency worker and is then given a fixed-term contract with the company, is the period of service as an agency worker taken into account in determining entitlement to CID?

Posted in: First Tuesday Q&A ROI on 05/01/2016 The Protection of Employment (Fixed Term Work) Act 2003 (the “Act") provides that fixed term employees are entitled to a contract of indefinite duration where they have been employed on two or more continuous fixed term contracts with a duration of four or more years, unless there are objective gro...
This article is listed under the following topics:
Contracts of Employment

Are we obliged to keep an employee on a fixed term contract to cover an employee on maternity leave even if the employee on maternity leave chooses not return to work?

Posted in: First Tuesday Q&A ROI on 01/12/2015 Generally, specified purpose/fixed term contracts are used by employers to cover employees on maternity leave. The specified purpose/fixed term contract will have an end date which provides that the employee’s employment will cease when the employee on maternity leave returns to work. Employees o...
This article is listed under the following topics:
Discrimination and Equality A-Typical Working

Can we enforce a contractual retirement age?

Posted in: First Tuesday Q&A ROI on 01/12/2015 The Unfair Dismissals Acts 1977 to 2007 and the Employment Equality Acts 1998 to 2011 prohibit an employee taking action against his/her employer where the employer enforces a mandatory retirement age within its organisation. However, an employer’s ability to enforce a mandatory retirement age is c...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment

Can probation extend beyond 12 months? Can we state that the disciplinary process does not apply during probation?

Posted in: First Tuesday Q&A ROI on 01/12/2015 Probationary periods are commonly put in place for an initial period of six months, with the option to extend up to a maximum period of eleven months. There must be provision in the contract to extend the probationary period to allow an employer to do so. Probationary periods, including the notice ...
This article is listed under the following topics:
Disciplinary and Grievance Issues Probation

Does mediation initially take place with the person making the complaint and the mediator, or also with the person who the complaint has been made against? What happens if the complainant won’t agree to mediation?

Posted in: First Tuesday Q&A ROI on 01/12/2015 Mediation is a form of alternative dispute resolution which is defined by the Mediators’ Institute of Ireland as “a process whereby an independent, neutral Mediator(s) assists the parties to come to agreement through a collaborative process.” It is usually initiated by a complainant making a comp...

In setting down a retirement age in a contract of employment, should you include the objective grounds for the retirement age in order to try to manage expectations or are you just tying your hands for the future? What would you advise?

Posted in: First Tuesday Q&A ROI on 03/11/2015 The Unfair Dismissals Acts 1977 to 2007 and the Employment Equality Acts 1998 to 2011 do not permit an employee to take action against his/her employer where the employer enforces a mandatory retirement age within the organisation. However, European and Irish case law has found that the enforcement...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Contracts of Employment

Are there any restrictions on how long someone can be on a fixed-term contract? How often can you extend?

Posted in: First Tuesday Q&A ROI on 03/11/2015 There is no restriction on the duration of a single fixed-term contract. Under the Protection of Employment (Fixed-Term Work) Act 2003 (the “2003 Act”), employees may not be employed on a series of fixed term contracts indefinitely. Where an employee has been employed on two or more continuous fix...
This article is listed under the following topics:
Contracts of Employment

If a person applies for a job and they have epilepsy, and one of the essential or preferred criteria is that they must have a C1 driving license (and they can never get this because of their condition) can the employer remove them from the recruitment and selection process?

Posted in: First Tuesday Q&A ROI on 03/11/2015 The Employment Equality Acts 1998 to 2011 (the “Acts”) create rights and obligations in respect of certain discriminatory grounds even before the commencement of employment, by including discrimination in access to employment, on grounds of, for example, disability.The definition of disability unde...
This article is listed under the following topics:
Recruitment and Selection

May redundancy notice be served during maternity leave? For example, may an employer serve a notice of dismissal/redundancy during maternity leave with a date of dismissal after the end of leave period – or is this automatically void and employer must wait until leave is over before issuing a notice?

Posted in: First Tuesday Q&A ROI on 03/11/2015 An employer in Ireland must wait until an employee’s maternity leave has come to an end before serving notice of dismissal or redundancy.The Maternity Protection Acts 1994 and 2004 (the “Acts”) provide that termination of an employee’s contract of employment while she is absent from work on materni...
This article is listed under the following topics:
Redundancy and Reorganisation

Is there anything that can be done to make the employer change from a zero hour contract to a minimum hour’s contract?

Posted in: First Tuesday Q&A ROI on 07/10/2015 A zero hours employment contract is a very specific type of working arrangement whereby an employee is required to make himself/herself available for work for the employer a certain number of hours or as and when the employer requires him/her to do with no guarantee of work. In answer to your quest...
This article is listed under the following topics:
Contracts of Employment