First Tuesday Q&A

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

Under what circumstances is an employee entitled to receive statutory paternity pay?

Posted in: First Tuesday Q&A ROI on 01/08/2016 The legislation has not yet been enacted, but as currently drafted, an employee who is a relevant parent in relation to a child shall be entitled to two weeks’ leave from his or her employment to enable him or her to provide, or assist in the provision of, care to the child or to provide support to...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment

What actions are employers legally required to take regarding the new Paternity Leave benefit coming into effect from September 2016?

Posted in: First Tuesday Q&A ROI on 01/08/2016 Once the legislation on Paternity Leave comes into force, employers will be required to allow fathers to take two weeks’ leave as one continuous period in respect of births/adoptions of their child. The leave must be taken within 26 weeks of the birth/adoption of the child, with employers being giv...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment

If a company based in ROI employs staff in NI, is there a requirement to provide Disciplinary and Grievance processes within a certain timeframe of an employee joining the company?

Posted in: First Tuesday Q&A ROI on 04/07/2016 Employment relationships are protected by the employment legislation and rights/entitlements of the particular jurisdiction wherein the employee carries out his employment duties/functions regardless of any express contractual provision to the contrary. Article 6.1 of the Rome Convention provides t...
This article is listed under the following topics:
Disciplinary and Grievance Issues

What is the position in ROI in relation to the suspension of employees?

Posted in: First Tuesday Q&A ROI on 04/07/2016 The law in ROI regarding the suspension of employees pending the outcome of an investigation has recently been addressed in a high profile High Court judgment. In the case of The Governor and Company of the Bank of Ireland v Mr. James Reilly, High Court, [2015] IEHC 241, the Court, in holding that ...
This article is listed under the following topics:
Disciplinary and Grievance Issues

Please provide some guidelines on retirement legislation

Posted in: First Tuesday Q&A ROI on 04/07/2016 In Ireland, there is currently no prohibition on employers imposing a compulsory retirement age for employees, subject to the employer having objective grounds justifying the retirement age. Retirement ages, where imposed, are usually set out in the contract of employment or, in the case of company...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures Pay and Conditions of Employment

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

Posted in: First Tuesday Q&A ROI on 04/07/2016 An employee shall be entitled to the longer of either the notice period as set out in their contract of employment or the minimum entitlement set out in the Minimum Notice and Terms of Employment Acts 1973–2015. In order to be entitled to the statutory minimum, the employee must have been working f...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

Although there is currently no legal requirement to pay paternity leave, could it be viewed as discrimination if the employer chooses not to pay paternity leave when they pay other types of leave such as maternity leave?

Posted in: First Tuesday Q&A ROI on 06/06/2016 If an employee argues that he is discriminated against because he does not receive paid paternity leave under his contract where the employer pays employees on maternity leave above the State Maternity Benefit, an employer could defend such a claim on the basis that the two entitlements are not sim...
This article is listed under the following topics:
Discrimination and Equality Working Time and Leave Pay and Conditions of Employment

Could you clarify whether workers who have a fixed place of work but must travel distances away from their place of work during the course of their employment can count this travelling time as working time?

Posted in: First Tuesday Q&A ROI on 06/06/2016 In ISS Ireland Limited v Gfencheva, the Labour Court held that where a worker’s travelling time is wholly, exclusively and necessarily undertaken in the performance of a contractual obligation of their employment, and where the commencement and finishing points are, together with the time allocated...
This article is listed under the following topics:
Pay and Conditions of Employment

Re: fixed term grounds: Do objective grounds apply to fixed term contracts issued post- retirement (i.e. one off contracts beyond the age of 65 when 65 is the mandatory retirement age)?

Posted in: First Tuesday Q&A ROI on 06/06/2016 The recently enacted Equality (Miscellaneous Provisions) Act 2015 gives statutory basis to this requirement, The Act states “….it shall not constitute discrimination on the age ground to fix different ages for the retirement (whether voluntarily or compulsorily) of employees or any class or descrip...
This article is listed under the following topics:
Discrimination and Equality Contracts of Employment

Does an employee who is on unpaid sick leave accrue statutory annual leave according to the Workplace Relations Act?

Posted in: First Tuesday Q&A ROI on 06/06/2016 Annual leave is accrued during sick leave, subject to the following: The sick leave must be medically certified by a medical practitioner. An annual leave carryover period of 15 months after a leave year will apply to those employees who could not, due to illness, take annual leave during the rele...
This article is listed under the following topics:
Sickness and Absence Pay and Conditions of Employment