First Tuesday Q&A

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

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...

We believe that an employee was under the influence of alcohol during working hours however we were unable to prove this.  What is the current position on breathalysing employees at work?

Posted in: First Tuesday Q&A ROI on 07/03/2017 This is a common issue for employers particularly those in the transport and manufacturing industry where health and safety issues are critical to the proper running of the organisation. Employers Obligations Employers are obliged to provide a safe working environment in accordance with the provisi...
This article is listed under the following topics:
Health and Safety Policies and Procedures

One of our employees took part on our grounds in the Ice Bucket Challenge. It seemed like a good idea and was to raise money for charity. However, one of the employees tipping a bucket slipped and damaged vertebrae in her back. She’s now off sick and threatening to sue us because we allowed the thing to take place without adequate warnings. We didn’t encourage it – we just let the employees get on with it. Where do we stand legally and is this another case of health and safety gone mad?

Posted in: First Tuesday Q&A ROI on 02/09/2014 While employers have a statutory and common law duty of care to employees at work, employees also have a duty to safeguard their own wellbeing at work. An employer can seek to defend any personal injuries or statutory claim by demonstrating that the employee contributed to or was wholly responsible...
This article is listed under the following topics:
Health and Safety Policies and Procedures

We work in a very dangerous environment with knives and machinery and want to implement a drug & alcohol policy that would allow for random, with cause and pre-employment testing. Can we do this with Union agreement and without the consent of each employee?

Posted in: First Tuesday Q&A ROI on 03/04/2012 The Safety, Health and Welfare at Work Acts 2005 and 2010 require employers to provide a hazard-free workplace. This would include ensuring that workers are not under the influence of drugs or alcohol, especially in dangerous and safety critical work environments. An employer is obliged to operate ...
This article is listed under the following topics:
Health and Safety Policies and Procedures

If a group of employees decides to set up a weekly lunchtime sports event e.g. indoor soccer, off campus, and the participants pay the local Club a nominal sum to cover their insurance liability and a staff member receives a sports injury at this lunchtime event, is this a reportable incident for the company under Health & Safety legislation? Do you have any general advice in relation to ‘unofficial’ staff activities?

Posted in: First Tuesday Q&A ROI on 07/09/2010 The Health and Safety General Applications Regulations 2007 set out the circumstances in which an employer should report an accident to the Health and Safety Authority. In general, where a person is injured at a place of work and cannot perform their normal work for more than three consecutive days...
This article is listed under the following topics:
Health and Safety

If employees are not taking rest breaks and this is shown on the OWT 1 form, what should an employer do?

Posted in: First Tuesday Q&A ROI on 01/06/2010 It is advisable in these circumstances for an employer to issue a memo to employees to advise them that upon a review of working time records, it has come to its attention that several employees are skipping their breaks. Employees should be reminded that they are required to take their breaks in o...
This article is listed under the following topics:
Health and Safety Working Time and Leave