How do I handle it?

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Paternity and Other Leave Developments

Posted in: How Do I Handle It ROI on 20/03/2014 A male employee has queried whether or not he has an entitlement to take Paternity leave, as he has heard that there have been developments in this area. I am unaware of these developments. How do I handle it? Michelle Ryan writes:We will take a closer look at current maternity and other family lea...
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Dismissing An Employee With Less Than One Year's Service

Posted in: How Do I Handle It ROI on 18/02/2014 How do I handle it? I’ve dismissed an employee who has less than one year’s service, am I fully protected against a claim for Unfair Dismissal? Jennifer O’Sullivan writes: LegislationSection 2(a) of the Unfair Dismissals Acts (the “UDA”) sets out the general rule that an employee must have one year...
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Selection for Promotion

Posted in: How Do I Handle It ROI on 21/01/2014 Michelle Ryan writes:In this article, we will take a closer look at how to manage internal promotion selection correctly and look at three recent Equality cases taken against the Irish Prison Service as examples of what not to do in terms of selection amongst candidates for internal promotion. The ...
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Managing Long Term Absence

Posted in: How Do I Handle It ROI on 10/12/2013 Managing absence issues is difficult and cumbersome. In this email, we will take a closer look at how to manage long term absence correctly and use the case of Donaldson v Marks & Spencer (Ireland) Limited as an example of what not to do in terms of long term absence management.The FactsIn the ...
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Employees working across borders

Posted in: How Do I Handle It ROI on 12/11/2013 An increasing number of Irish employees work for companies with operations in a number of different countries. These employees can then end up either working permanently or being seconded to other countries for periods of time. The question then arises, where an employee works across borders, under...
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Representation at a Disciplinary Meeting

Posted in: How Do I Handle It ROI on 22/02/2013 “Our company disciplinary policy provides for representation in the form of a work colleague only and our company does not recognise trade unions. Can I refuse to allow an employee to bring their trade union representative to meetings held in the course of a disciplinary process?” Jennifer O'Sulliv...
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Restrictive Covenants

Posted in: How Do I Handle It ROI on 15/01/2013 I am hiring a senior manager and I have a concern about our commercial secrets. I would therefore like to include a restrictive covenant in the contract of employment, but I have heard that they are very difficult to enforce. How do I ensure that any restrictions are enforceable post termination of...
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Security Screening Process

Posted in: How Do I Handle It ROI on 07/09/2012 Can I carry out a security screening process on new hires? What are the legal considerations in carrying out various checks on prospective employees? Jennifer O'Sullivan writes:The key piece of legislation which impacts on the area of security screening is the Data Protection Acts 1988 – 2003 which...
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Practicalities Under The Protection of Employees (Temporary Agency Work) Act 2012

Posted in: How Do I Handle It ROI on 31/07/2012 Caoimhe Heery writes:Following the implementation of the Protection of Employees (Temporary Agency Work) Act 2012 a number of the solicitors in our Employment Team provided briefings to clients on the new Act. During our questions and answers sessions we saw a trend appear in the queries that were ...
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Email and Internet Usage

Posted in: How Do I Handle It ROI on 12/06/2012 I am currently in the process of setting up a company and plan to hire six employees. A friend of mine recently told me that his company has been having problems with employees sending inappropriate emails to one another. If in the future I face similar problems, and have from the outset stated tha...