First Tuesday Q&A

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

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

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