First Tuesday Q&A

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

A Guide to Workplace Investigations in Ireland

Posted in: First Tuesday Q&A ROI on 05/06/2018 Kevin Slattery provides up to date and relevant practical advice, in line with these decisions, on how such investigations should be conducted, their place within the overall disciplinary process and the potentially far-reaching implications of Lyons. Can employees cross-examine in internal workpl...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

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

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...

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

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...

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...

In the case of a serial complainant, is the company obliged to hear multiple grievances which are believed to be false when there are concerns about the mental stability of the complainant?

Posted in: First Tuesday Q&A ROI on 01/08/2017 There are no strict legal rules which apply when an employee raises multiple grievances. If the grievances are related, an employer might be in a position to refuse to hear a new grievance on the grounds that the matter has already been the subject of a grievance procedure. If the grievances are un...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

When carrying out an investigation, how should HR proceed if An Garda Síochána are involved?

Posted in: First Tuesday Q&A ROI on 03/07/2017 The involvement of An Garda Siochana before or at the time of an employer’s disciplinary investigation can cause particular difficulties for employers for a number of reasons. Firstly, if the employee is charged with a criminal offence, he or she may refuse to answer questions during the disciplina...
This article is listed under the following topics:
Disciplinary and Grievance Issues Policies and Procedures

Is there a legal obligation to provide a reference or statement of employment?

Posted in: First Tuesday Q&A ROI on 06/06/2017 Julie Austin of McDowell Purcell takes a detailed look at employee references and answers the following questions: Is there a legal obligation to provide a reference? Is it acceptable to provide an ex-employee with a “statement of employment” as opposed to a reference? And do we need to include the...
This article is listed under the following topics:
Policies and Procedures Recruitment and Selection