Supplementary Articles

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Features

Bullying and Harassment Investigations - Key Steps in the Process

Posted in: Supplementary Articles ROI on 29/11/2010 The steps required to complete an investigation in the workplace are complicated and must be carried out correctly. We asked Ailbhe Dennehy to examine the key points that you should know. 1. IntroductionThere are a number of procedures that employers must adhere to in the context of disciplinary in...
Features

Injuctions and Redundancy Dismissals

Posted in: Supplementary Articles ROI on 25/11/2010 Sometimes employees seek to avoid dismissals occurring by seeking injunctive relief from the courts. We asked Emmet Whelan of ByrneWallace to set out the law with reference to a recent High Court case of O’Mahony v Examiner Publications (Cork) Limited, Thomas Crosbie Holdings Limited and Thomas Cro...
Features

Employment Status - Part I

Posted in: Supplementary Articles ROI on 08/11/2010 Employment status has caused myriad problems for lawyers, employers, employees and even the judiciary over the years. We asked Gerald Buckley from Ronan Daly Jermyn Solicitors, Cork, to give us his views on the subject.It has been dubbed the “elephant test”: instantly recognisable when one sees it ...
Features

Notice Periods: May They be Reduced?

Posted in: Supplementary Articles ROI on 25/10/2010 Notice is required to terminate most employment contract. We asked Aoife Bradley of LK Shields Solicitors to review whether notice periods may be reduced.1. IntroductionBefore considering any reduction of notice periods, it is necessary to consider notice periods in general. An employee’s notice en...
Features

Natural Justice and Fair Procedures in Disciplinary Cases - Giblin –v- Irish Life and Permanent plc 2010 IEHC26

Posted in: Supplementary Articles ROI on 19/10/2010 Jennifer Cashman writes: The case involved the principles of natural justice and fair procedures in disciplinary situations at work.Giblin v Irish Life and Permanent plc 2010 IEHC26 The Plaintiff had been an employee of the Defendant for almost 30 years and laterally was a Manager of the Defendant’...
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...