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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.

GDPR

As the deadline of May 25th 2018 approaches for GDPR compliance, I am often asked if anything needs to happen with existing contracts of employment, where employees have already confirmed their consent in their employment contract to have their data processed for general employment and business purposes. The short answer is yes, in that this type of blanket consent is not reliable going forward.

Do I Need Contracts of Employment?

Yes. Contracts are essential for a number of reasons. A Business Development Manager who was employed from March 2014 to August 2017 successfully took a claim under Section 7 of the Terms of Information Act 1994, due to the fact that his employer a Printer/Distribution Company didn't issue him with a statement of his terms and conditions of employment (ADJ -00010987).

RTE & SOLAS Breach Equality Legislaiton On Grounds of Age.

​As the award of €50,000 for age discrimination last week by the WRC to former RTE Reporter, Valerie Cox, made the news headlines, employers are once again reminded that whilst there is no current direct statutory bar on having a workplace retirement age, it remains very easy to fall foul of current employment equality legislation in respect of dealing with employees who have reached "retirement age" or who are coming close to it. In a separate case published recently Solas were ordered to pay €20k to an employee for asking a discriminatory question during an interview.

Fair Dismissal on Grounds of Incapacity

In a recently published case(CA - 00010111-01), an Adjudication Officer found that an Order Packer who had been absent from work on long term sickness since April 2012 was fairly dismissed in November 2016 due to the length of her absence and as she was unable to provide contrary medical evidence to support that she could resume normal duties.

Code of Practice on Longer Working

The Workplace Relations Commission (“WRC”) published a Code of Practice last week on Retirement and Longer Working, which should help employers deal with this increasingly difficult area in the workplace.

Adverse Weather & Attendance At Work

With Opehlia, Brian, Dylan and Eleanor causing havoc across the country in the last few months, the Workplace Relations Commission recently published an useful Q&A on it's website about some of the main issues that arise when employees may not be able to get to work.

Mandatory Retirement Ages

The recent High Court decision in Quigley v HSE [2017] IEHC 654 is a pertinent reminder for employers that they may face potential legal issues if they try and enforce a retirement age when there is no clear written or implied contractual right to do so, or in the event that there is that such a retirement age cannot be objectively justified.

Flawed Investigation LeadsTo Award of €15,000 to Dismissed Cashier.

In Determination UDD 1739 the Labour Court upheld an appeal by a till operator who had been dismissed by Woodies, as the Investigation conducted by the Company did not reasonably conclude on the balance of probabilities that the dismissed employee had taken a missing €50 note.

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Co. Leitrim

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info@hrsolutions.ie

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