First Tuesday Q&A

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

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 ...

How does an employer go about amending existing and signed contracts of employment?

Posted in: First Tuesday Q&A ROI on 06/02/2018 At this time of year, many employers are taking some time to look at the bigger picture for their businesses and part of this is ensuring that their contracts and policies are fit for purpose, not least in relation to the impending GDPR. The golden rule in making any substantive amendments to emplo...

Q&A: Avoiding Sexual Harassment Claims following the Christmas Party

Posted in: First Tuesday Q&A ROI on 05/12/2017 With the Christmas party season now upon us, it is timely to remind employers that employment lawyers often see a spike in sexual harassment related queries crossing their desks come January. But what exactly can employers do to prevent and deal with sexual harassment in the workplace? In this mon...

The Mediation Act 2017

Posted in: First Tuesday Q&A ROI on 07/11/2017 The Mediation Bill which has been around since 2012 was signed into law on the 2 October this year as the Mediation Act 2017 and is expected to be commenced shortly. While the Act expressly excludes from its ambit disputes being investigated or mediated by the Workplace Relations Commission, it put...

What are the three golden rules to follow when faced with a redundancy situation and what are the potential pitfalls?

Posted in: First Tuesday Q&A ROI on 03/10/2017 Once again, A&L Goodbody is delighted to share ideas on how to manage difficult employment situations with the Legal-Island community. While last month we focused on issues that arise at the start of an employment relationship when it comes to recruitment, this month we are shining a spotlight ...

Does an employee’s notice period increase with their tenure?

Posted in: First Tuesday Q&A ROI on 03/10/2017 Yes. Section 4 of the Minimum Notice and Terms of Employment Acts 1973 to 2005 provides that all employees are entitled to a statutory period of notice on termination of employment, on grounds of redundancy or otherwise. The length of such period depends upon the employee's service with the employ...
This article is listed under the following topics:
Redundancy and Reorganisation