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Can abusive comments posted on Facebook outside of work by colleagues constitute harassement ?

The scope of Dignity at Work Policies is that behaviours complained about must have occurred in the course of employment. This scope does not always cover the personal use of social media outside of work and it is an interesting issue that was dealt with by the Labour Court recently in Dublin Bus v McCamley (EDA 164). This was an appeal by an employee of an Equality Tribunal Decision ( DEC E2015 - 100) which had found that his employer was not liable for harassment that had occurred.

Golf Ranger awarded €4000 for unfair dismissal on his 4th day of work.

A newly recruited golf ranger was dismissed on his second weekend of work without any notice after commencing a six month fixed term contract on 18th April 2015. As he did not have the required 12 months service to take a claim under the Unfair Dismissal legislation the complaint was brought under the Industrial Relations Act 1969 (Ref ADJ - 0000066).

Spent Convictions and Garda Vetting

The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 has changed the scope of what individuals are obliged to disclose to employers concerning prior criminal convictions.

Keeping Staff on Maternity Leave Informed of Internal Promotion Opportunities

Justice Robert Eagar in the High Court judge has found that the Defence Forces breached an European Directive with regard to the provision of equal opportunities and equal treatment of men and women in relation to employment matters, by excluding a female employee from a promotion process when she was on maternity leave.

Conducting Fair Work Place Investigations & Disciplinary Hearings

This article will look at two cases that provide useful learning points on how to conduct fair investigations and disciplinary hearings in the workplace including the need to keep the investigation and disciplinary processes separate.

Public Holiday Entitlement

As we head towards a hot bank holiday weekend for a change here is a quick summary of the main employer obligations and employee entitlements in respect of public holidays.

€7k awarded to dismissed pregnant fast food worker

In case (DEC - E2016 - 058) a fast food worker who was dismissed after completing two months of her probationary period was found to have been discriminated against on grounds of gender due to being dismissed after informing her employer she was pregnant. Claims of harassment and sexual harassment were not upheld.

Constructive Dismissal

As per recent WRC decision (Ref ADJ- 00000091) a successful constructive claim requires the claimant to prove that it was reasonable in light of their employer's unreasonable behaviour to breach their contract of employment and constructively dismiss themselves.

English Language Policies In The Workplace

A recent case where two Polish nationals claimed they had been discriminated against by their employer McDonalds because they were required to use English at all times at work provides some helpful guidance on how employers can legitimately implement a common language policy in their workplaces. (Ref Dec-E2015-072)

Payment of Wages Act

The recent High Court Case of Cleary & Ors v B&Q Ireland Ltd provided some clarifications in respect of a number of matters regarding the interpretation of wording in respect of a "discretionary" bonus scheme and whether a contract can be unilaterally changed by an employer with retrospective effect. The case also dealt with the issue of whether a "zone allowance" for Dublin based staff constituted wages or was correctly classified as an expense.

HR Solutions

Keshcarrigan
Co. Leitrim

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

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