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...

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

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

We have a multi-lingual workforce. Can we insist that all staff only speak English while at work?

Posted in: First Tuesday Q&A ROI on 07/03/2017 Many workplaces are made up of several nationalities some of whom do not speak English as their native tongue. We are often asked by multi-cultural employers if they can introduce a company policy whereby employees are only permitted to speak English while at work. This issue was dealt with in a Wo...
This article is listed under the following topics:
Discrimination and Equality Policies and Procedures

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