071 964 2748 | info@hrsolutions.ie

30 Nov

Posted at 16:51h in fair procedures, unfair dismissal, workplace investigations
0 Likes

In this recently published decision, yet again an employer fell short on how it implemented a dismissal of an employee who, had less than 5 months service, resulting in an award of €6,000 being recommended despite breaching a clause that prevented her working in any manner outside of her employment that could be prejudicial to her employer. (Ref ADJ-00028843)....

27 Sep

Posted at 12:06h in unfair dismissal, workplace investigations
0 Likes

The recently published Labour Court determination against Costa Coffee in respect of a sexual harassment case taken by a former employee should provide a stern reminder for employers in respect of their responsibilities to not only have in place appropriate anti-harassment and bullying polices, but to ensure that they are communicated properly and understood and that managers are fully trained in their responsibilities with regard to the prevention of sexual harassment in the workplace....

13 Aug

Posted at 12:01h in workplace investigations
0 Likes

The standard time limit for submission of complaints to the WRC is generally six months from the date of the contravention that the complaint relates to as per Section 41(6) of the Workplace Relations Act 2015, and as per Section 41 (8), this may only be extended for a further six month period, if reasonable cause is presented for the delay....

22 Jan

Posted at 15:33h in employment law, Organisation of Working Time Act, workplace investigations
0 Likes

With the publication of the government's strategy last Friday on remote working, which includes the planned introduction of the right for employees to request a permanent remote working arrangement, many employees will be delighted that this could be the case, with others desperately waiting for a return to the office, and to get out of the house again every morning. In the meantime, a quick reminder of some useful practical tips for making remote working as easy as possible, for as long as it will remain necessary, in the short term at least, under Covid restrictions....

02 Nov

Posted at 12:10h in dismissal, workplace investigations
0 Likes

A successful appeal to the Labour Court for a constructive dismissal claim resulted in the Adjudication Officer's decision being overturned and compensation of €10,000 being awarded to a former Training Co-Ordinator/Instructor who had been employed by the Rehab Group for 17 years before she resigned in 2018 due to the behaviour of a colleague. (Ref UDD2026)...

02 Jul

Posted at 20:21h in fair procedures, workplace investigations
0 Likes

As investigations have become more and more common and necessary in the workplace to deal with issues such as complex grievances, allegations of bullying and harassment, breaches of operational standards and potential misconduct, it is critical that they are conducted in a fair and procedurally correct manner, to ensure that they don’t contribute to a flawed procedure if investigation findings ultimately lead to the dismissal of an employee. Here are some of the key aspects which should be considered to help ensure any investigation procedure is robust and stands up to scrutiny:...

27 Apr

Posted at 20:26h in workplace investigations
0 Likes

As Covid -19 ongoing restrictions mean that normal work place attendance may not resume in the near future for a lot of organisations, it is clear that the standard face to face meeting format for a range of typical workplace situations, such as grievance and disciplinary hearings will not be available for some time. It is also notable that the Supreme Court held it's first sitting ever via remote video technology last week, and the Workplace Relations Commission has published a consultation paper on conducing hearings remotely and by written submissions. So how can these meetings be managed and what are the pitfalls?...