Supplementary Articles

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Features

Posted Workers - Their Rights and Entitlements

Posted in: Supplementary Articles ROI on 11/10/2010 We asked Jeffrey Greene of McCann FitzGerald to examine the current rights and entitlements for “posted workers”. Employers unaware of the law in this area may find themselves dragged into a Gama-like controversy, or subject to litigation in foreign jurisdictions, for failing to comply with minimum...
Features

LRC Release Annual Report for 2009

Posted in: Supplementary Articles ROI on 23/09/2010 The Labour Relations Commission has released its annual report for 2009.Of particular interest to our readers is the large increase in individual rights claims. The LRC's Chief Executive wrote:"The “explosion” in the rate of employment right referrals to the Rights Commissioner Service continues ap...
Features

Compassionate Leave - An Employer's Obligations

Posted in: Supplementary Articles ROI on 16/09/2010 An employee’s bereavement is a difficult situation to manage for both an employer and for the employee’s colleagues. We asked Stephen Holst of McCann FitzGerald to examine the key points that you should know. 1. The LawWhilst force majeure leave under the Parental Leave Acts 1998 and 2006 entitles ...
Features

Surveillance of Employees - Fogarty v Lufthansa Technik Turbine Shannon Limited (UD 394/2006)

Posted in: Supplementary Articles ROI on 14/09/2010 Fogarty v Lufthansa Technik Turbine Shannon Limited (UD 394/2006)Legislation: Unfair Dismissals Acts, 1997 TO 2007 (the “Acts”)Jurisdiction/Subject Matter: Sick Leave and Surveillance FactsThe claimant/employee was employed as a welder in the respondent employer’s aircraft facility from 1993. In or...
Features

The Duty to Obey Reasonable Instructions

Posted in: Supplementary Articles ROI on 03/09/2010 David McCarroll writes:1. MisconductA failure to follow reasonable instructions is a matter of misconduct and thus a disciplinary matter. Firstly, we must root our disciplinary action in some way. We examine the terms and conditions of employment (including any handbook) and ascertain whether the d...
Features

Redundancy, Notice and Counter Notice

Posted in: Supplementary Articles ROI on 13/08/2010 The steps required to terminate employment by reason of redundancy are more complicated than many people realise if they are to be carried out correctly, particularly if circumstances change during this time of uncertainty. We asked Ailbhe Dennehy examine the key points that you should know. Circum...
Features

Practical Ways in Which Employers Can Reduce Quantum at Hearing

Posted in: Supplementary Articles ROI on 05/08/2010 When defending employment claims, either before Rights Commissioners, the Employment Appeals Tribunal/Equality Tribunal and/or the Courts, employers should always give consideration, in advance of the hearing, to arguments that can be made to mitigate, in so far as possible, the level of quantum th...
Features

Long Term Absence from Work Q&A - Part 2

Posted in: Supplementary Articles ROI on 20/07/2010 Catherine O'Flynn and Aisling Butler of William Fry solicitors have written responses to some questions raised during their sessions at Legal-Island's All About Absence event recently. In this article they cover issues such as:* 'Commercial' impetus in ill-health dismissals* Failure to submit sickn...
Features

Red-Circling: A Defence Against Discrimination Claims?

Posted in: Supplementary Articles ROI on 16/07/2010 Protecting salary levels for some employees in times of change is a common enough occurrence. We asked Aoife Bradley of LK Shields Solicitors to give us an idea of the dangers for employers who take the step of red-circling salaries. A. Introduction - What is Red-Circling?There is no legal definiti...
Features

Long Term Absence from Work Q&A - Part 1

Posted in: Supplementary Articles ROI on 07/07/2010 Catherine O'Flynn and Aisling Butler of William Fry solicitors have written responses to some questions raised during their sessions at Legal-Island's All About Absence event recently. In this article they cover issues such as:* Facilitating home working requests from disabled employees* 'Warning' ...