A recent award under the Organisation of Working Time Act should be noted when the Adjudication Officer not only made and an award of €5,483.40 for annual leave accrued during long term sick leave, but a further €5,000 compensation for an employer's refusal to pay the leave when requested by an employee on termination of her employment. (Ref ADJ - 00025283)...

As we approach the Xmas shut down period when a significant number of employees will be on a break from their workplace, the issue of employees digital rights is very much on the agenda at the moment, with the Department of Business, Enterprise and Innovation committed to exploring putting the right to disconnect on a potential statutory footing, as we all potentially can remain always "switched on" with our smart phones never too far away....

This article outlines a quick summary of the key provisions that apply in respect of employees' entitlements to breaks and rest periods when working, and in particular it must be stressed that records to support that breaks are being taken are required . A recent WRC decision awarded €1k compensation to a retail employee, when it was determined their records were inadequate....

Another recent case dealing with the issue of the forced retirement of a legal secretary who had 40 years service, once again highlights the difficulties that employers face in implementing retirements, when they have not established a fixed retirement age, on objective grounds, either contractually or through custom and practice (Ref ADJ - 00016645)....

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....

As we approach another public holiday just a short reminder about employers legal obligations with regard to public holidays and the potential cost of non compliance in this area. The Labour Court (DWT 1673) recently ordered an employer to pay compensation of €1,000 to an employee in addition to an outstanding amount of €210.64 due for public holiday entitlement....

In a recent Adjudication Officer's Decision (ADJ 00005826) the preliminary issue of whether the Complainant was an employee or not was considered in order to determine if his complaints under the Organisation of Working Time Act 1997, Unfair Dismissals Act 1977 and Protection of Employees (Fixed Term Work) Act 2003 could be heard....