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Code of Practice on Longer Working

The Workplace Relations Commission (“WRC”) published a Code of Practice last week on Retirement and Longer Working, which should help employers deal with this increasingly difficult area in the workplace.

Adverse Weather & Attendance At Work

With Opehlia, Brian, Dylan and Eleanor causing havoc across the country in the last few months, the Workplace Relations Commission recently published an useful Q&A on it's website about some of the main issues that arise when employees may not be able to get to work.

Mandatory Retirement Ages

The recent High Court decision in Quigley v HSE [2017] IEHC 654 is a pertinent reminder for employers that they may face potential legal issues if they try and enforce a retirement age when there is no clear written or implied contractual right to do so, or in the event that there is that such a retirement age cannot be objectively justified.

Trouble At The Christmas Party !

With the Christmas party season getting well underway this weekend, I will be highlighting the importance of employers dealing properly with issues that may arise during workplace social events and the potential costly consequences of not doing so.

Flawed Investigation LeadsTo Award of €15,000 to Dismissed Cashier.

In Determination UDD 1739 the Labour Court upheld an appeal by a till operator who had been dismissed by Woodies, as the Investigation conducted by the Company did not reasonably conclude on the balance of probabilities that the dismissed employee had taken a missing €50 note.

Payment of Wages During Storm Absences

With Storm Brian on the way just days after the whole country was on red alert due to Storm Ophelia, employers may once again need to consider how they deal with the "grey" area of paying employees when it is unsafe to attend work due to unforeseen weather circumstances arising.

Maximum 2 Years Compensation Awarded for Unfair Dismissal

A recent Labour Court Determination DHL Express (Ireland) Ltd v. Michael Coughlan (Ref No. UDD1738) gave some useful guidance on the use of spent disciplinary sanctions in determining subsequent disciplinary sanctions. The maximum compensation of 2 years salary for unfair dismissal was awarded.

Public Holiday Payments

As we approach another public holiday just a short reminder about employers legal obligations with regard to public holidays and the potential cost of non compliance in this area. The Labour Court (DWT 1673) recently ordered an employer to pay compensation of €1,000 to an employee in addition to an outstanding amount of €210.64 due for public holiday entitlement.

Employee v Contractor ?

In a recent Adjudication Officer's Decision (ADJ 00005826) the preliminary issue of whether the Complainant was an employee or not was considered in order to determine if his complaints under the Organisation of Working Time Act 1997, Unfair Dismissals Act 1977 and Protection of Employees (Fixed Term Work) Act 2003 could be heard.

Termination of Employee on Sick Leave

A harvester who was dismissed by a letter dated January 14th 2016 which she claimed not to have received, following an absence review meeting on December 18th 2015 was found not to have been unfairly dismissed (Ref ADJ - 00003563).

HR Solutions

Keshcarrigan
Co. Leitrim

+353 (0)71 964 2748
+353 (0)86 833 7228
info@hrsolutions.ie

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