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What steps should employers take to ensure that they can defend a sexual harassment claim?

In a recent determination published by the Labour Court (EDA175) the necessity for all employers regardless of size to have in place a written policy on harassment in the workplace was once again stressed.

Incapacity Dismissal

The Labour Court appeal case of Noonan Services Group & Elvira Kravcova (Ref UD D1637) highlights yet again the need for employers to fully review relevant occupational and medical evidence that is available in respect of whether employees are fit to carry out their duties and to consult fully with employees prior to making a decision to dismiss.

Constructive Dismissal

I am taking a look at another constructive dismissal claim this week which was unsuccessful to contrast with my last article on a successful constructive dismissal claim. This time an Adjudication Officer in Case number ADJ - 00002652 found the claimant was not justified in terminating her own employment and her complaint under Section 8 of the Unfair Dismissal Acts failed. The case demonstrates that employers who manage absences sensitively and in line with an appropriate and reasonable level of communication will not find themselves being on the wrong end of a constructive dismissal claim.

Constructive Dismissal

In a recent WRC decision (ADJ - 00002854) an Adjudication Officer held that an employee had been constructively dismissed despite the fact that she had not exhausted the use of internal grievance procedures which is normally a requirement for a successful constructive dismissal claim. An award of €15,528 was made.

When Love Gets In The Way of Business !

It is not that unusual that the workplace is an obvious place where people find love given the amount of time that people spend at work as well as the wide range of work related social events that employers organise for their employees. However, it may be difficult for employees involved in workplace liaisons to maintain appropriate lines between their private and work lives and workplace romances can sometimes be distracting, cause interpersonal conflicts and also potentially lead to claims of favoritism, discrimination and/or sexual harassment. So what can employers do about this ?

Accrual Of Annual Leave During Sick Leave

Since 1st August 2015 employees now accrue statutory annual leave during periods of certified sick leave, as introduced under The Workplace Relations Act 2015 which amended Section 19 of the Organisation of Working Time Act 1997. Accrued leave can then be taken within a 15 month period after the end of the leave year in which it was accrued.

Religious Observance in the Workplace

With an increasingly diverse workforce many employers have difficulty in dealing with requests for time off to observe religious holidays and other workplace issues related to religion and beliefs.

Effective Interview and Investigation Questioning

It goes without saying that one of the essential competencies required in workplace investigations (and other forms of interviews) is the ability to ask the right questions. This article offers some useful tips for effective questioning:

Conducting Fair and Robust Workplace Investigations

This summary article provides some essential guidance on some of the key preliminary steps that should be taken to ensure that a workplace investigation process is robust and can stand up to scrutiny in the event that it leads to further action being taken under the disciplinary policy or findings of misconduct such as bullying and harassment being made against employees.

Waiver Agreements

In a recently published case (ADJ - 00000575), an Adjudication Officer found as a preliminary issue that he had no jurisdiction to hear a complaint of unfair dismissal as the claimant had not been pressured into signing a waiver and had been afforded the opportunity to seek legal advice which he had declined.

HR Solutions

Keshcarrigan
Co. Leitrim

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

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