First Tuesday Q&A

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

A Guide to Flexible Working 

Posted in: First Tuesday Q&A ROI on 04/09/2018 This month, Ailbhe Dennehy, Associate with A&L Goodbody's Employment Group, has provided answers to some of your questions on home-working arrangements. Are employers obliged to provide flexible working arrangements? How should employers handle requests for flexible working? Could a refusal be...

Can you clarify how to calculate annual leave entitlement for employees who work irregular hours?

Posted in: First Tuesday Q&A ROI on 03/07/2018 Annual leave accrues to an employee on the basis of the hours and days worked by that employee. The Organisation of Working Time Act 1997 sets out three ways the entitlement to annual leave may be calculated: four of the employee's normal working weeks in a leave year in which the employee works a...
This article is listed under the following topics:
Working Time and Leave

Is an employee automatically entitled to an allowance in lieu of annual leave? What if they chose not to take their accrued annual leave during their employment?

Posted in: First Tuesday Q&A ROI on 03/07/2018 An employer may only pay in lieu of annual leave for days in excess of the statutory minimum or on termination of employment. The actual taking of leave is the rule and the allowance in lieu is the exception. A recent opinion from the Court of Justice of the EU in the joined cases C-619/16 (Sebasti...
This article is listed under the following topics:
Working Time and Leave

Should commission payments be included in the calculation of holiday pay?

Posted in: First Tuesday Q&A ROI on 03/07/2018 Yes. The method for calculating holiday pay is set down in the Organisation of Working Time (Determination of Pay for Holidays) Regulations 1997 (S.I. No. 475/1997). The determining factor is whether the employee's rate of pay varies or not in relation to work done. This is because holiday pay is c...
This article is listed under the following topics:
Working Time and Leave

Can a company enforce a policy that annual leave must be taken within the leave year and not allow any carry forward of holidays?

Posted in: First Tuesday Q&A ROI on 03/07/2018 Yes. The Organisation of Working Time Act 1997 (the Act) outlines an employee's statutory entitlement to take paid annual leave during a prescribed "leave year". The precise times at which such annual leave is taken is a matter for the relevant employer. The rationale behind employees' annual leave...
This article is listed under the following topics:
Working Time and Leave

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

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 ...

Can a company enforce a policy that annual leave must be taken within the leave year and not allow any carry forward of holidays?

Posted in: First Tuesday Q&A ROI on 02/05/2017 With some exceptions, it is possible to enforce a policy that provides that annual leave must be taken within the leave year and not allow any carry forward of holidays i.e. a “use it or lose it” policy. Section 20 of the Organisation of Working Time Act 1997 provides that the employer can generall...
This article is listed under the following topics:
Working Time and Leave

Has there been an update with regard to parental leave and raising the age of eligibility to 12 years?

Posted in: First Tuesday Q&A ROI on 06/12/2016 From a legislative perspective, there have been no recent changes to the parental leave entitlement under the Parental Leave Act 1998 (as amended). In general, parental leave remains available to employees to enable them care for a child up until the child turns eight. There are however certain exc...
This article is listed under the following topics:
Working Time and Leave

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