First Tuesday Q&A

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

Can adjudicators draw inferences from a failure to respond to data subject access requests?

Posted in: First Tuesday Q&A ROI on 06/09/2016 There is no legal basis for which an Adjudicator Officer can draw adverse inferences from a failure by an employer to respond to a data access requested under the Data Protection Acts 1988 and 2003 (the "DPA"). Non-compliance with the DPA is a matter within the jurisdiction of the Office of the Dat...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues

Is it always necessary to physically issue employees with payslips to avoid a breach or is it ok to make them available on request?

Posted in: First Tuesday Q&A ROI on 06/09/2016 In accordance with s4 of the Payment of Wages Act 1991 (the “Act”), there is a legal obligation on employers to provide employees with a written statement evidencing their wages (i.e. a payslip). Therefore, it is not sufficient to simply make the payslip available on request. The written statement ...
This article is listed under the following topics:
Pay and Conditions of Employment

If a case is referred to mediation by a WRC Adjudicator, is a report on the status of the case passed to the mediator and is there a structured format regarding communication between the mediation officer, solicitors and parties involved? 

Posted in: First Tuesday Q&A ROI on 06/09/2016 In certain cases, the WRC may forward a complaint to the WRC mediation service with a view to attempting to encourage and facilitate both parties to resolve issues as an alternative to a formal hearing before an Adjudication Officer. A complainant may indicate on their WRC complaint form that they ...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues

Can a hearing before the Labour Court be heard in private on application?

Posted in: First Tuesday Q&A ROI on 06/09/2016 Yes, however, any such application will be at the discretion of the Labour Court. In an industrial relations context, cases before the Labour Court are held in public, unless one of the parties request that the case be heard in private. S44(7) of the Workplace Relations Act 2015 (as amended ) (the"...
This article is listed under the following topics:
Tribunal Practice Procedures and Jurisdictional Issues

Can an employee who is absent due to sickness in the months immediately after the birth or adoption of a child take paid paternity leave at a later date?

Posted in: First Tuesday Q&A ROI on 01/08/2016 Where an employee who has complied with the relevant notice requirements becomes sick prior to the commencement of his or her paternity leave and wishes to postpone the paternity leave, the employee may, by notice in writing to the employer as soon as is reasonably practicable after becoming sick a...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment

Where an employee’s partner is expecting twins will he or she be entitled to two lots of paternity leave?

Posted in: First Tuesday Q&A ROI on 01/08/2016 No, only one period of paternity leave applies per multiple births or multiple adoptions at the same time.
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment

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