First Tuesday Q&A

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

We have an employee on long term sick leave who we believe is abusing our sick leave policy. Can we engage a private investigator to follow her to gather evidence that we can then use in a disciplinary process?

Posted in: First Tuesday Q&A ROI on 03/04/2018 The engagement of private investigators by employers was, up until relatively recently, a commonplace practice but is now one that is fraught with legal risk. While a number of recent cases from the Workplace Relations Commission suggest that Adjudication Officers remain willing to consider pertine...

We have an employee on long term sick leave who claims they are entitled to carry over their contractual annual leave entitlement from one leave year to the next? What leave are they entitled to carry over and for how long? 

 

Posted in: First Tuesday Q&A ROI on 03/04/2018 Sections 19 and 20 of the Organisation of Working Time Act 1997 govern the entitlement of employees to accrue annual leave while they are on certified sick leave and to carry that leave forward from one leave year to the next in certain circumstances. In summary, an employee on certified sick leave...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave

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

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

We have an employee on long term sick leave - what level of contact can/should we have with that employee?

Posted in: First Tuesday Q&A ROI on 07/03/2017 Sick leave is considered a protected period and, generally, an employer should not contact an employee during this time. However, there may be circumstances where an employer may justifiably contact an employee during long-term sick leave. This includes where the employee’s sick certificates have e...
This article is listed under the following topics:
Sickness and Absence

In a situation where the employer’s doctor and the employee’s doctor both deem the employee unfit for work but the insurance company which is paying out income protection to the employee deems him fit for work, must the employer make reasonable accommodation to enable the employee to return to work with limited capability?

Posted in: First Tuesday Q&A ROI on 03/01/2017 In circumstances where both the employee's doctor and the employee's doctor have advised that the employee is unfit to return to work, the employee should remain on sick leave until such time as he/she is deemed fit to return to work. The insurer’s doctor usually only evaluates the employee for th...
This article is listed under the following topics:
Sickness and Absence

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

Accrual of annual leave while on sick leave. Where a person is absent for 3 full years, will they have 3 years annual leave accrued or do they lose entitlement for a particular year if they do not return to work within 15 months of the end of the relevant year in which it would accrue?

Posted in: First Tuesday Q&A ROI on 03/05/2016 With effect from 1 August 2015, Ireland has now implemented a statutory basis for the accrual of annual leave during certified sick leave. The Workplace Relations Act 2015 (the “Act”), which amends s.19 of the Organisation of Working Time Act 1997 to the effect that employees who are unable to take...
This article is listed under the following topics:
Sickness and Absence Working Time and Leave Pay and Conditions of Employment

In a situation where a person on work-related stress leave is asked to contact the employer but refuses to do so because they are too upset, but offers to get in touch in a few weeks’ time, what should the employer do?

Posted in: First Tuesday Q&A ROI on 05/01/2016 For the purposes of responding to this question, we assume that the employee in question is providing medical certificates which state that the reason for his/her absence is work place stress. Provided the period of absence is not significant, and provided that there is no urgent business need to ...
This article is listed under the following topics:
Sickness and Absence

We have a long-standing manager who, when subjected to a disciplinary due to performance issues, put in a four week sick line for work-related stress. He also lodged a grievance against his relatively new manager. How would you go about resolving this? 

Posted in: First Tuesday Q&A ROI on 06/10/2015 Given the nature of the certified absence and the length of time involved, the employee should be referred to a company doctor or occupational health specialist, nominated and paid for by the employer, for an independent assessment of his medical condition.The Company should request that the occupa...
This article is listed under the following topics:
Sickness and Absence Disciplinary and Grievance Issues Policies and Procedures