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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.

What steps should employers take to ensure that they can defend a sexual harassment claim?

In a recent determination published by the Labour Court (EDA175) the necessity for all employers regardless of size to have in place a written policy on harassment in the workplace was once again stressed.

Conducting Fair and Robust Workplace Investigations

This summary article provides some essential guidance on some of the key preliminary steps that should be taken to ensure that a workplace investigation process is robust and can stand up to scrutiny in the event that it leads to further action being taken under the disciplinary policy or findings of misconduct such as bullying and harassment being made against employees.

Can abusive comments posted on Facebook outside of work by colleagues constitute harassement ?

The scope of Dignity at Work Policies is that behaviours complained about must have occurred in the course of employment. This scope does not always cover the personal use of social media outside of work and it is an interesting issue that was dealt with by the Labour Court recently in Dublin Bus v McCamley (EDA 164). This was an appeal by an employee of an Equality Tribunal Decision ( DEC E2015 - 100) which had found that his employer was not liable for harassment that had occurred.

€7k awarded to dismissed pregnant fast food worker

In case (DEC - E2016 - 058) a fast food worker who was dismissed after completing two months of her probationary period was found to have been discriminated against on grounds of gender due to being dismissed after informing her employer she was pregnant. Claims of harassment and sexual harassment were not upheld.

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.

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.

When Will An Extension Be Granted to Time Limit To Bring Employment Claim ?

The Labour Court determined in a recent referral (ref EET 146) that medical evidence supplied by the claimant provided sufficient grounds to allow her to bring a complaint under the Employment Equality Acts 1998 - 2011 despite lodging her complaint three days late.

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Co. Leitrim

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info@hrsolutions.ie

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