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Setting Up a Workplace Investigation

This article outlines some key considerations when setting up a workplace investigation, whether it is to deal with alleged misconduct, a bullying or harassment complaint or an employee grievance. Taking time at the outset to ensure that an investigation is correctly framed and structured, will help ensure that all parties receive a fair hearing and that outcomes will be robust and stand up to scrutiny if challenged.

Public Holiday Entitlement

As we head into the fourth public holiday of the nine statutory public holidays available to employees each year, here is a quick summary in respect of public holiday entitlements in the workplace.

Forced Retirement Was Discrimination on Grounds of Age

Another recent case dealing with the issue of the forced retirement of a legal secretary who had 40 years service, once again highlights the difficulties that employers face in implementing retirements, when they have not established a fixed retirement age, on objective grounds, either contractually or through custom and practice (Ref ADJ - 00016645).

Employment (Miscellaneous Provisions) Act 2018

The much talked about Employment (Miscellaneous Provisions) Act 2018 finally comes into effect today 4th March 2019, and whilst the focus of discussion to date has often been on the restriction on zero hours contracts, there are other noteworthy provisions being introduced that employers need to be aware of.

Right To Legal Representation At Disciplinary Hearings

The Court of Appeal decision last October in Irish Rail v McKelvey has provided some much needed clarity for HR practitioners on the issue of whether legal representation should be permitted at internal disciplinary hearings, following the confusion caused by the earlier decision of Eagar J in Lyons v Longford & Westmeath ETB.

Dismissal Was Not Due To Redundancy & Related to Complainant's Pregnancy

A recent decision of an Adjudication Officer under the Employment Equality Acts 1998 - 2015 found that the Complainant had made a prima facie case of discrimination on grounds of gender, and had been dismissed due to her pregnancy and not due to reasons of redundancy as purported by the Respondent Company.The Complainant was awarded €14k compensation.

€90k Awarded For Probationary Period Dismissal

This recommendation by the Labour Court (LCR21798) is a very useful reminder about the significant potential cost of not adhering to fair procedures when terminating employment during the probationary period.

Trouble At The Christmas Party !

With the Christmas party season about to get underway this weekend, employers need to be aware of the potential costs of not dealing correctly with issues that may arise during workplace social events.

Re-engagement Ordered By Labour Court After Flawed Investigation And Disciplinary Process.

The determination published earlier this year in the SSP Ireland v Albert Fordjour provides some useful lessons for employers on the necessity of adopting fair procedures at all stages of the investigation and disciplinary processes and in particular around the interviewing of proposed witnesses (Ref UDD 1758).

Fixed Term Contracts

Whilst case law clearly indicates that the use of Fixed Term Contracts can be problematic, provided used correctly and in line with the provisions of the Protection of Employees (Fixed Term Work) Act 2003, they can provide employers with a suitable mechanism to deal with non permanent resourcing requirements.

HR Solutions

Keshcarrigan
Co. Leitrim

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

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