Supplementary Articles

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Review of Recent Labour Court Decisions: The Organisation of Working Time Act 1997

Posted in: Supplementary Articles ROI on 15/02/2013 The Organisation of Working Time Act 1997 (OWT Act) continued to be a prominent source of appeals from decisions of Rights Commissioners to the Labour Court in 2012, with almost one hundred appeals being disposed of during the course of the year. The OWT Act is a difficult and technical piece of le...

Vicarious Liability

Posted in: Supplementary Articles ROI on 22/01/2013 Louise Harrison writes:The doctrine of vicarious liability is long-established. It holds that where a person commits a wrong in the course of his employment, not only is he himself directly liable, but his employer may also be held accountable – ‘vicariously liable’ - for the employee’s act or omis...
This article is listed under the following topics:
Health and Safety Discrimination and Equality Human Rights

U for Undue Influence in the Disciplinary Process

Posted in: Supplementary Articles ROI on 17/12/2012 Louise Harrison writes:Summary A recent Employment Appeals Tribunal (“EAT”) determination demonstrates yet again the EAT’s focus on the integrity of procedures followed in the disciplinary process. In Karen Egan v Ulster Bank Group (Ireland) (UD1772/2010), the EAT accepted that the Claimant’s condu...

Contract Law: Sickness Absence

Posted in: Supplementary Articles ROI on 10/10/2012 This article concerns Sickness Absence and the Impact of the case of Delaney v Central Bank of Ireland. Natasha Canniffe writes:Sickness absence in the workplace, particularly where it is recurrent or long term, has a significant impact on employers. It is for that reason that employers will often ...

Agency Work Act - Guidance Document

Posted in: Supplementary Articles ROI on 28/09/2012 Jennifer Cashman writes:1. IntroductionThe long awaited guidance document (“the Guidelines”) on the Protection of Employees (Temporary Agency Work) Act 2012 (“the Act”) has been published by the Minister.The Guidelines are intended to assist agency workers, hirers of agency workers and employment a...

T for Transfer Regulations

Posted in: Supplementary Articles ROI on 24/08/2012 Louise Harrison writes:1. The Transfer Regulations and Outsourcings/Service Provider ChangeoversThe EC (Protection of Employees on Transfer of Undertakings) Regulations 2003 (the “Transfer Regulations”) protect employees in business transfers. Where an ‘undertaking’ transfers from one employer to a...

S is for Social Media

Posted in: Supplementary Articles ROI on 03/05/2012 Louise Harrison writes: 1. Implementing a ‘Best Practice’ PolicyEmployers are increasingly being confronted with problems arising out of employees’ use of social media, both within and outside of the workplace, in the course of work and otherwise. As with employees’ use of email and internet, produ...

Publication of Workplace Relations Reform Blueprint Document

Posted in: Supplementary Articles ROI on 06/04/2012 As you will know, Minister Richard Bruton has commenced a reform programme of the State’s workplace relations structures and procedures. The Minister’s aim is to provide a simple, independent, effective, impartial, cost effective and workable means of redress and enforcement, within a reasonable pe...

R for Retirement - Challenging Compulsory Retirement

Posted in: Supplementary Articles ROI on 20/03/2012 Louise Harrison writes: There has been a surge in litigation in recent years with respect to the enforcement by employers of retirement ages. The question of compulsory retirement has become a thorny one. 1. Irish Position on Compulsory Retirement There is no mandatory retirement age in Ireland, sa...

Q is for Qualifying Service Period to Bring an Unfair Dismissal Claim

Posted in: Supplementary Articles ROI on 10/02/2012 Louise Harrison writes: 1. IntroductionA person proposing to challenge a dismissal under the Unfair Dismissals Acts 1977 to 2007 (the “UD Acts”) in Ireland is required, in general, to have at least twelve months’ continuous service with the relevant employer to do so (the “Qualifying Service Period...