First Tuesday Q&A

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

Are there rules or guidelines around maintaining HR records?

Posted in: First Tuesday Q&A ROI on 03/05/2016 There are both statutory and common law requirements regarding the maintenance of HR records. Section 25 of the Organisation of Working Time Act 1997 (the “Act”) requires employers to keep certain HR/employee records for a period of 3 years from the date of creation to demonstrate that the provisio...
This article is listed under the following topics:
Policies and Procedures

Accrual of annual leave while on sick leave. Where a person is absent for 3 full years, will they have 3 years annual leave accrued or do they lose entitlement for a particular year if they do not return to work within 15 months of the end of the relevant year in which it would accrue?

Posted in: First Tuesday Q&A ROI on 03/05/2016 With effect from 1 August 2015, Ireland has now implemented a statutory basis for the accrual of annual leave during certified sick leave. The Workplace Relations Act 2015 (the “Act”), which amends s.19 of the Organisation of Working Time Act 1997 to the effect that employees who are unable to take...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Pay and Conditions of Employment

Can an employee on maternity leave be dismissed if a fixed term contract expires in the middle of maternity leave?

Posted in: First Tuesday Q&A ROI on 03/05/2016 An employee on a fixed-term contract is entitled to full maternity leave. However, if her fixed-term contract ends before the last day of maternity leave, this counts as the last day of maternity leave. This means that if the fixed-term contract ends during maternity leave, then the employee’s cont...
This article is listed under the following topics:
Unfair Dismissal Working Time and Leave Policies and Procedures

Is there a requirement on the employer to ensure that an employee takes a minimum amount of annual leave?

Posted in: First Tuesday Q&A ROI on 03/05/2016 Employees have a statutory entitlement under the Organisation of Working Time Act 1997 (the “Act”) to the greater of 4 working weeks paid annual leave, 8% of hours worked (subject to a maximum of 4 working weeks) or 1/3 of a working week in which the employees works 117 hours.The employer has an ob...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment

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