Ireland is one of the first countries to introduce statutory domestic violence leave, which is due to be enacted in the Autumn. The leave is to facilitate and support employees who are victims of such abuse to engage with medical, legal, and other specialist support services.
This sexual harassment case that was appealed to the Labour Court is an useful decision to read about the responsibilities employers have to ensure they provide an environment that is free from sexual harassement, even if the perpertrator is a customer.
With the recent passing of the Work Life Balance and Miscellaneous Provisions Bill, employers now need to start reviewing their policies with a number of new leave entitlements due to be introduced on a phased basis over the next few months, including the long awaited right to request remote wokring.
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 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.
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