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...

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...

Is it necessary to follow a disciplinary process prior to dismissing an employee on long-term sick leave? 

Posted in: First Tuesday Q&A ROI on 03/04/2018 This very issue was recently considered by the High Court in the case of McKevitt v Dublin Bus [2018] IEHC 78. Ms McKevitt had been compulsorily retired from her job as a bus driver on the grounds of medical incapability and challenged the lawfulness of that decision under the Unfair Dismissals Act...
This article is listed under the following topics:
Sickness and Absence Discrimination and Equality Policies and Procedures

Q&A: Avoiding Sexual Harassment Claims following the Christmas Party

Posted in: First Tuesday Q&A ROI on 05/12/2017 With the Christmas party season now upon us, it is timely to remind employers that employment lawyers often see a spike in sexual harassment related queries crossing their desks come January. But what exactly can employers do to prevent and deal with sexual harassment in the workplace? In this mon...

What are the three golden rules to follow when faced with a redundancy situation and what are the potential pitfalls?

Posted in: First Tuesday Q&A ROI on 03/10/2017 Once again, A&L Goodbody is delighted to share ideas on how to manage difficult employment situations with the Legal-Island community. While last month we focused on issues that arise at the start of an employment relationship when it comes to recruitment, this month we are shining a spotlight ...

Redundancy and maternity leave – are employees on maternity leave "untouchable"?

Posted in: First Tuesday Q&A ROI on 03/10/2017 As a rule of thumb, employees on maternity leave are automatically red-circled when a redundancy exercise is being contemplated. Maternity leave is probably the most "protected" leave, rendering any attempted dismissal of an employee while on maternity leave automatically void. In fact, termination...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation Discrimination and Equality

What practical advice can you give to employers embarking on the recruitment and selection process?

Posted in: First Tuesday Q&A ROI on 05/09/2017 A&L Goodbody are delighted to share ideas on how to manage difficult employment situations with the Legal Island community. At the start of our tenure with the First Tuesday Questions we thought it appropriate to begin by focussing on the start of the employment relationship and specifically wi...

If a person applies for a job and they have epilepsy, and one of the criteria is that they must have a C1 driving license (and they can never get this because of their condition) can the employer remove them from the recruitment and selection process?

Posted in: First Tuesday Q&A ROI on 05/09/2017 Any recruitment process is potentially a very subjective process so you should take whatever steps you can to eliminate any levels of perceived or actual subjectivity and/or discrimination. Any job description or advertisement should be based on non-discriminatory thinking and practices and any req...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection

If you state in a job advert that those who apply for a position must have a valid work permit or are EEA citizens, is this discrimination?

Posted in: First Tuesday Q&A ROI on 05/09/2017 On first glance it would seem to be directly discriminatory to require that an individual be of a particular nationality in order to be eligible for a certain position. However, as outlined on the website of the Department of Jobs, Enterprise and Innovation, the Irish government's policy (as part o...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection

What happens if I'm found to have discriminated during recruitment?

Posted in: First Tuesday Q&A ROI on 05/09/2017 Always be careful when recruiting externally, but be extra-careful when recruiting internally (with existing employees) as the penalties for discrimination are quite different. If you are found to have discriminated against an external candidate, the maximum award is capped at €13,000. However, if ...
This article is listed under the following topics:
Discrimination and Equality Recruitment and Selection