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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.

Gross Misconduct Dismissal Held To Be Fair

The Labour Court recently rejected an appeal by a hotel worker that his summary dismissal for breach of IT & Security Policies was unfair and confirmed that the decision to dismiss was within the range of responses of a reasonable employer with regard to the employee's conduct and that his dismissal was not unfair (Determination UDD 1839).

Maximum Working Hours

The Labour Court recently upheld a decision of an Adjudication Officer in respect of a claim that an employee had been regularly working excessive hours beyond her contracted 40 hours per week, in breach of the Organisation of Working Time Act 1997.

Discrimination On Grounds of Disability

In a recent Labour Court Determination (EDA 1838), the importance of reviewing all available medical evidence and potential pending medical information was highlighted when Dunnes Stores lost it's appeal against an award that had been made against it, after they had dismissed an Assistant Manager who had been absent for over 2 years with a stress related condition.

Annual Leave Entitlements

Did you know that annual leave entitlement accrues on a statutory basis for all employees regardless of employment status and length of time worked? A former employee of O Brien's Sandwich Bars who had a very brief period of employment, was successful in her claim under the Organisation of Working Time Act 1997 for leave due from the short half day trial period that she had worked.

Beauty Therapist Retains 10k Award in Appeal

In this recent Labour Court Determination(UD1835), following an appeal by a Beauty Company against an Adjudicator's decision to award a former employee €10,000, there are lots of learning points for employers on how to run disciplinary procedures correctly, as the Labour Court dismissed the appeal due to a number of procedural errors on how the disciplinary process was run.

Parental Leave Changes Due

There are some welcome changes due for working parents with the recent passing of the Parental Leave (Amendment) Bill 2017 on June 13th 2018, which proposes an extended period of parental leave per eligible child, as well as increasing the age threshold up until which leave may be taken.

Reinstatement For Banker Unfairly Dismissed for Gross Misconduct

In a recent decision of the WRC, a bank has been ordered to re-instate a dismissed employee where it was found that the bank had insufficient grounds to uphold the allegations for which the complainant was summarily dismissed (ADJ-00001266).

GDPR

As the GDPR finally came into force last Friday, with inboxes bursting full of revised privacy statements and confusing options to opt in and out or do nothing, what actually is now likely to happen from an enforcement point of view. The Deputy Data Protection Commissioner's latest blog may shed some light but its early days yet.

Mandatory Retirement Ages

As retirement age and related matters continue to cause problems for employers, the Irish Human Rights and Equality Commission recently published a guide for employers and employees to seek to ensure that older workers, who wish to continue in employment, are not discriminated against in Irish workplaces.

HR Solutions

Keshcarrigan
Co. Leitrim

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

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