First Tuesday Q&A

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

A Guide to Flexible Working 

Posted in: First Tuesday Q&A ROI on 04/09/2018 This month, Ailbhe Dennehy, Associate with A&L Goodbody's Employment Group, has provided answers to some of your questions on home-working arrangements. Are employers obliged to provide flexible working arrangements? How should employers handle requests for flexible working? Could a refusal be...

A Guide to Fixed-Term Contracts

Posted in: First Tuesday Q&A ROI on 06/08/2018 This month, Ciarán Ahern, Associate with A&L Goodbody's Employment Group, has provided answers to some of your questions on fixed-term workers. When is the use of a fixed-term contract appropriate? What considerations need to be made when renewing a fixed-term contract? When can a fixed-term c...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation Contracts of Employment

Compulsory Retirement and Age Discrimination

Posted in: First Tuesday Q&A ROI on 30/04/2018 In this month's First Tuesday article, Noeleen Meehan, Associate in A&L Goodbody's employment law group, considers some frequently asked questions in relation to contractual retirement ages and age discrimination against the backdrop of a number of recent high profile decisions. Should a retir...

How to Carry Out & Comply with the GDPR

Posted in: First Tuesday Q&A ROI on 06/03/2018 This month’s First Tuesday article is a range of questions that were submitted by audience members as part of Legal Island’s Annual Review of Employment Law conferences 2017, with a specific focus on the GDPR. The need to understand and appreciate the strict obligations on employers with regards th...

We have an employee on sick leave and want to cut her sick pay – can we do it? 

Posted in: First Tuesday Q&A ROI on 06/02/2018 This is always a tricky one. In an ideal world the employee would either have an explicit contractual term or there will be a company policy in place regulating their entitlement to sick pay e.g. employees may be entitled to 4 weeks’ sick pay per year. Where such a clause exists, all things being e...
This article is listed under the following topics:
Sickness and Absence Contracts of Employment Pay and Conditions of Employment

The Company recently paid for training for an employee who has just handed in his notice. The employee’s contract provides that we can seek repayment of all training fees incurred if he leaves now – can we enforce this and, if so, how?

Posted in: First Tuesday Q&A ROI on 06/02/2018 Repayment clauses can be enforceable in Ireland. Subject to some exceptions, the Payment of Wages Act 1991 generally allows for deductions from wages in circumstances where the deduction is specifically authorised by the employment contract (as it is here). Among other requirements under the Paymen...
This article is listed under the following topics:
Contracts of Employment Pay and Conditions of Employment

If a Company’s mandatory retirement age is increased from 63 to 65, does the employer have to inform the whole organisation or just those approaching the age?

Posted in: First Tuesday Q&A ROI on 06/02/2018 Any employees affected by this proposed change would have to be notified and potentially would have to agree to the change of mandatory retirement age. Practically speaking it may make sense to implement the change for all employees at the same time, rather than running the risk of some form of pot...
This article is listed under the following topics:
Contracts of Employment Pensions Policies and Procedures

Can I move an employee to a different functional team where their contract allows them to be moved to other duties deemed appropriate to their grade?

Posted in: First Tuesday Q&A ROI on 06/02/2018 There is a general recognition that organisations need to be able to change and adapt as time passes and organisations have a certain amount of flexibility to change work practices where required, particularly in times of challenging economic circumstances. In this regard employers often include a ...

How does an employer go about amending existing and signed contracts of employment?

Posted in: First Tuesday Q&A ROI on 06/02/2018 At this time of year, many employers are taking some time to look at the bigger picture for their businesses and part of this is ensuring that their contracts and policies are fit for purpose, not least in relation to the impending GDPR. The golden rule in making any substantive amendments to emplo...

The Mediation Act 2017

Posted in: First Tuesday Q&A ROI on 07/11/2017 The Mediation Bill which has been around since 2012 was signed into law on the 2 October this year as the Mediation Act 2017 and is expected to be commenced shortly. While the Act expressly excludes from its ambit disputes being investigated or mediated by the Workplace Relations Commission, it put...