First Tuesday Q&A

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

If we change our pension scheme benefits does each member of the scheme have to sign up to the change? We are partly unionised and plan to seek union agreement to any change.

Posted in: First Tuesday Q&A ROI on 02/09/2015 The extent to which a member’s consent may be required to implement changes to pension scheme benefits will depend primarily on their existing terms and conditions of employment, the terms of the pension scheme’s rules and the provision of any agreements which may have been entered into with them. ...
This article is listed under the following topics:
Pensions Collective and Trade Union Issues

We are at loggerheads with our recognised trade union. They are wholly unreasonable and endangering our business and the livelihoods of their members and other employees who are not in the union. Can we do anything to encourage members to leave the union and accept individual contracts? Alternatively, can we de-recognise the union for collective bargaining purposes and just enrol employees in a staff association?

Posted in: First Tuesday Q&A ROI on 07/10/2014 An employer cannot stop its employees from joining a trade union. Article 40.6.1(iii) of the Irish Constitution recognises the right of citizens to join trade unions. There is also a recognised freedom not to associate if an employee does not wish to join a union. It is noted that you already have ...
This article is listed under the following topics:
Collective and Trade Union Issues

We are a fully owned subsidiary of an EU company, employing approximately 260 and based in the Republic of Ireland. Do we need to have a works council – and how do we go about setting one up if it is a requirement?

Posted in: First Tuesday Q&A ROI on 02/09/2014 Industrial relations in Ireland is essentially voluntary in nature and in general there is no obligation on employers to establish or recognise workers' councils. Whilst Ireland has no system of statutory works councils and work councils are relatively uncommon in Ireland, there are certain obli...
This article is listed under the following topics:
Collective and Trade Union Issues

One of our external union representatives is very aggressive and we don’t want him to come onto the premises anymore to represent employees at disciplinary hearings etc. He just bangs the table and shouts and tries to intimidate management and we’re fed up with him. Can we ban him from the premises and insist employees pick another rep?

Posted in: First Tuesday Q&A ROI on 02/07/2014 It is not advisable to ban a union representative from the premises, as it could deprive an employee of his/her right to representation which could in turn lead to a conclusion by a Court that the grievance or disciplinary process was unfair. The Code of Practice on Grievance and Disciplinary Proce...
This article is listed under the following topics:
Disciplinary and Grievance Issues Collective and Trade Union Issues

Does a formal bullying and harassment complaint need to be written/signed etc by the complainant?

Posted in: First Tuesday Q&A ROI on 05/01/2012 This will ultimately depend on the terms of the employer's policy. However, it would be usual for a bullying and harassment policy to require an employee's allegations to be reduced to writing and signed. This obviously makes it easier for an allegation of bullying and harassment to be investigated.
This article is listed under the following topics:
Discrimination and Equality Collective and Trade Union Issues

Should there be a time limit on when an employee can bring a grievance e.g. an employee must raise a grievance within 3 months of the incident?

Posted in: First Tuesday Q&A ROI on 05/01/2012 It would be useful to make clear in the grievance procedure that employees should raise grievances as quickly as possible and, where feasible, within a certain time period of the relevant alleged event.
This article is listed under the following topics:
Collective and Trade Union Issues