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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.

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.

HR Solutions

Keshcarrigan
Co. Leitrim

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

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