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Payment of Wages Act

The recent High Court Case of Cleary & Ors v B&Q Ireland Ltd provided some clarifications in respect of a number of matters regarding the interpretation of wording in respect of a "discretionary" bonus scheme and whether a contract can be unilaterally changed by an employer with retrospective effect. The case also dealt with the issue of whether a "zone allowance" for Dublin based staff constituted wages or was correctly classified as an expense.

Dismissal Of Postman who was convicted of being in possession of drugs held to be a fair dismissal.

In case number UD1153/2014 the interesting question of whether the conduct of an employee outside of the workplace was considered as to whether it was fair to dismiss an employee for activity that was not connected with his normal workplace duties.

Employee who took unauthorised annual leave was not unfairly dismissed.

In Case No UD463/2014 the EAT overturned a Rights Commissioners decision and held that an employee of a meat processing plant was not unfairly dismissed after he took leave which had not been authorised.

Hotel Bar Man awarded €20k for dismissal after disclosing he was gay.

The barman who was working to fund his college studies was dismissed after two weeks service during which he was unaware that there were any problems with his work and concluded that everything had changed very quickly after he told the bar manager that he was gay. (Ref Dec- E2015-141)

Harassment In The Workplace

This article gives a brief overview of the current legal position in respect of harassment in the workplace and the basis on which harassment can amount to discriminatory treatment under the Equality Acts.

Compromise Agreements

The existence of a signed waiver as a full and final settlement of all claims arising from the employment relationship will not necessarily guarantee that a former employee cannot successfully bring proceedings against an employer.

Fair Dismissal Of Postman Despite Flawed Appeals Process.

The Eat determined in a recently published decision (UD 507/2014) that a postman had been fairly dismissed for allowing others to deliver his mail despite an appalling appeals process with a delay of over 2 and a half years in dealing with the appeal.

Attendance at Work During Adverse Weather Conditions

With snow and freezing conditions forecast for next few days many employees will have difficulty in traveling to work which impacts on businesses being able to operate. A common sense approach in a documented policy is required by employers to ensure that the safety of employees is balanced against business needs.

Minimum Wage Rates

Since January 1st 2016 the new national minimum wage for an experienced adult employee has been increased.

Discrimination By Association

In a recently published decision by the Equality Tribunal (Dec- E 2015 - 121), a resource teacher was found to have been harassed on grounds of religion and also was discriminated against on grounds of association due to her son's sexual orientation.

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Co. Leitrim

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

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