First Tuesday Q&A

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

Is it always necessary to physically issue employees with payslips to avoid a breach or is it ok to make them available on request?

Posted in: First Tuesday Q&A ROI on 06/09/2016 In accordance with s4 of the Payment of Wages Act 1991 (the “Act”), there is a legal obligation on employers to provide employees with a written statement evidencing their wages (i.e. a payslip). Therefore, it is not sufficient to simply make the payslip available on request. The written statement ...
This article is listed under the following topics:
Pay and Conditions of Employment

Can an employee who is absent due to sickness in the months immediately after the birth or adoption of a child take paid paternity leave at a later date?

Posted in: First Tuesday Q&A ROI on 01/08/2016 Where an employee who has complied with the relevant notice requirements becomes sick prior to the commencement of his or her paternity leave and wishes to postpone the paternity leave, the employee may, by notice in writing to the employer as soon as is reasonably practicable after becoming sick a...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment

Where an employee’s partner is expecting twins will he or she be entitled to two lots of paternity leave?

Posted in: First Tuesday Q&A ROI on 01/08/2016 No, only one period of paternity leave applies per multiple births or multiple adoptions at the same time.
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment

Under what circumstances is an employee entitled to receive statutory paternity pay?

Posted in: First Tuesday Q&A ROI on 01/08/2016 The legislation has not yet been enacted, but as currently drafted, an employee who is a relevant parent in relation to a child shall be entitled to two weeks’ leave from his or her employment to enable him or her to provide, or assist in the provision of, care to the child or to provide support to...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment

What actions are employers legally required to take regarding the new Paternity Leave benefit coming into effect from September 2016?

Posted in: First Tuesday Q&A ROI on 01/08/2016 Once the legislation on Paternity Leave comes into force, employers will be required to allow fathers to take two weeks’ leave as one continuous period in respect of births/adoptions of their child. The leave must be taken within 26 weeks of the birth/adoption of the child, with employers being giv...
This article is listed under the following topics:
Working Time and Leave Policies and Procedures Pay and Conditions of Employment

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

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