First Tuesday Q&A

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

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

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 ...

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