A recent case of A Caretaker versus a Supermarket (ADJ-00033611) dealt with some interesting legal points vis a vis whether reasonable cause was presented for failing to submit the unfair dismissal claim within 6 months, as well as the related issue of proportionality in determining whether the matters under review ultimately did amount to gross misconduct that reasonably justified a summary dismissal and the non-payment of notice....
There are some important legal changes in place since the end of 2022, which employers need to be aware of when drafting and managing probationary period clauses or risk the WRC award 4 weeks pay if a successful complaint is brought, as well as the correction of any misapplied terms of employment in this regard....
Employers should take note of the new requirements that came into effect on December 2022 in resepct of how and when terms and conditions need to be communicated to new employees, and ensure that their contracts of employment are updated accordingly....
With the Christmas party season well underway, employers would be advised to take note of the potential cost of claims, when things can go wrong, particularly after too much drink has been taken....
With new legislation due to come into effect on December 1st, that will regulate how employers must distribute tips to their employees, employers in the hospitality sector need to ensure that they are compliant or face large fines....
Two WRC Decisions published this month make useful reading on the necessity for employees to have exhausted internal grievance procedures before resigning, in order to succeed with a constructive dismissal claim. There is also a useful summary of relevant case law in the first decision reviewed....
Gross misconduct dismissals have a much higher standard to meet than a standard dismissal to demonstrate that the employment relationship cannot continue with immediate effect and that notice does not need to be paid....
Statutory Sick Pay will now be available from 1st January 2023 and not in 2022 as originally anticipated, following the signing of the Sick Leave Act in July 2022....
A tailored Employee Handbook to support the contract of employment is vital in every workplace, and can greatly assist the smooth operation of a wide range of people management matters at work....
With the enactment of the Sick Leave Act 2022 due shortly, after it was approved on July 22nd 2022, all employers will now have to pay Statutory Sick Pay (SSP) if they currently do not or do not have a comparable Scheme....
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