First Tuesday Q&A

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

Why are fixed-term workers entitled to statutory redundancy pay after two years? What if the business doesn’t need them anymore?

Posted in: First Tuesday Q&A ROI on 29/02/2016 Fixed-term employees are statutorily entitled to a redundancy payment by virtue of the Redundancy Payments Acts 1967-2014 (the “Acts”) which provide for a minimum redundancy payment for all employees who have been in employment for more than 104 weeks and who have been dismissed by reason of redund...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

I thought that if you wanted to dismiss a worker on probation, you still had to follow your disciplinary process. Is this not the case?

Posted in: First Tuesday Q&A ROI on 29/02/2016 Employees who have less than 12 months continuous service with the employer, including employees on probation, are not entitled to bring claims under Unfair Dismissals Acts 1977 to 2015. Therefore, the process for dismissal, including the disciplinary process, is generally subject to less scrutiny ...
This article is listed under the following topics:
Unfair Dismissal Disciplinary and Grievance Issues Probation

In a situation where an employer has failed to act after the expiry of a fixed term contract and the employee continues to work, will the employee automatically have a contract of fixed duration?

Posted in: First Tuesday Q&A ROI on 02/02/2016 We understand from the question that the employee in question has only been employed on one fixed term contract.In the circumstances, it is the principles of common law rather than the Protection of Employees (Fixed-Term Work) Act, 2003 that apply in circumstances where a fixed-term contract has ex...
This article is listed under the following topics:
Contracts of Employment

Can an employer make an employee take their accrued but untaken holidays during their notice periods where there is no express contractual provision?

Posted in: First Tuesday Q&A ROI on 02/02/2016 Section 23 of the Organisation of Working Time Act 1997 (the “Act”) provides that employers must pay employees in lieu of accrued but untaken annual leave in respect of their last year of employment. The Act does not, however, specify whether employers can oblige employees to take the annual leave ...
This article is listed under the following topics:
Contracts of Employment Working Time and Leave

Could you define best practice in terms of providing references for employees?

Posted in: First Tuesday Q&A ROI on 02/02/2016 There is no legal entitlement for former employers to provide references to former employees, however, it is usual practice to do so. There are two types of reference which an employer may give to future employers/former employees (i) a statement of employment and (ii) a reference including comment...
This article is listed under the following topics:
Policies and Procedures

What is a P45?

Posted in: First Tuesday Q&A ROI on 02/02/2016 A P45 is an official document produced by the Irish Revenue Commissioners which sets out details of an employee’s earnings and tax paid during the tax year. A form P45 is sometimes referred to as a "cessation certificate". It must be completed by an employer when an employee ceases employment, is ...
This article is listed under the following topics:
Pay and Conditions of Employment

We have an employee out on maternity leave and her contracts states she is entitled to a performance related bonus. Should this be pro rata given she has been on maternity leave for a significant period of the year or is her leave deemed to be 'protected' under maternity and therefore entitled to full bonus payment?

Posted in: First Tuesday Q&A ROI on 02/02/2016 Under the Maternity Protection Acts 1994 to 2004, employees on maternity leave or additional maternity leave are entitled to all rights as if they were still at work, other than the right to remuneration. The issue of the status of incentive payments/bonuses during maternity leave has been the sub...
This article is listed under the following topics:
Policies and Procedures Pay and Conditions of Employment

In a situation where a person on work-related stress leave is asked to contact the employer but refuses to do so because they are too upset, but offers to get in touch in a few weeks’ time, what should the employer do?

Posted in: First Tuesday Q&A ROI on 05/01/2016 For the purposes of responding to this question, we assume that the employee in question is providing medical certificates which state that the reason for his/her absence is work place stress. Provided the period of absence is not significant, and provided that there is no urgent business need to ...
This article is listed under the following topics:
Sickness and Absence

Can you clarify the tax implications of the right to pay in lieu of notice?

Posted in: First Tuesday Q&A ROI on 05/01/2016 Pay in lieu of notice allows an employer to pay an employee a lump sum payment in respect of their contractual (or statutory) notice period at the termination of employment. Employers are entitled to pay employees in lieu of their notice period provided that (a) there is a provision in the contract...
This article is listed under the following topics:
Pay and Conditions of Employment

If an employee returns from long-term absence, can they be paid rather than taking the entitlement accrued within the 15 month period?

Posted in: First Tuesday Q&A ROI on 05/01/2016 Since 1 August 2015, following the amendment of the Organisation of Working Time Act 1997 by the Workplace Relations Act 2015, an annual leave carryover period of 15 months after a leave year will apply to employees who could not, due to medically certified illness, take annual leave during the rel...
This article is listed under the following topics:
Working Time and Leave Pay and Conditions of Employment