Conflict in New Parental Leave Legislation

Graphite HRM wants to draw the attention of all subscribers to an anomaly that has been discovered within the recent Parental Leave (Amendment) Act, 2006. The amended legislation had been intended to permit employers to allow parents, who are employed within the same employment, to transfer their parental leave entitlements between one another. However, a contradictory clause contained further on in the legislation expressly prohibits any such transfer, irrespective of whether they are employed by the same employer or not.

In terms of the practical impact of this error, the only way an employer can remain compliant with the law is by refusing any request from parents to transfer parental leave between them for the foreseeable future. Should this position change, we will provide you with an update through HR-essentials.

Competitor Meetings May Constitute Gross Misconduct

This case concerns the alleged unfair dismissal of an employee who engaged in meetings with a competitor. The respondent gave evidence that the claimant had met with a competitor, an action which constituted a breach of her contract of employment. It was also alleged that the staff member disclosed sensitive company information to the competitor and that the competitor had attempted to recruit a member of management from the respondent while this was all going on. The claimant complained to the Tribunal that the dismissal was unfair and that she had not been afforded a fair procedure in her dismissal.

Article Location: Login to the Client Zone > Click Discipline and Grievance, Select article from under Lessons from Case Law heading

Click here for direct access to the full article in the Client Zone

Back to top of page

---

Review of Cases Concerning Fixed Term Contracts

On the passing of the Protection of Employees (Fixed-Term Work) Act, 2003, there were deep concerns expressed by business. Today the Act is seen as having regulated fixed-term working to such an extent that temporary working arrangements are no longer attractive to employers, and organisations are less inclined to offer fixed-term positions than they previously would have been. The legislation has changed the landscape for fixed term workers. It ensures that they are provided with terms and conditions of employment equal to those offered to comparable permanent workers, and ensures that they are given equal access to training and permanent job opportunities as other staff. As such fixed-term workers are now likely to cost the same to employ as traditional permanent workers.

As with any new legislation, certain aspects of the Act still remain unclear, and employers continue to have questions on the operation of the law. In this article we will look at certain provisions of the legislation which have been clarified through recent appeals of Rights Commissioners decisions heard before the Labour Court.

Article Location: Login to the Client Zone > Click Contracts, Select article from under Lessons from Case Law heading

Click here for direct access to the full article in the Client Zone

Back to top of page

 

Employing Seasonal and Young Workers for the Summer

At this time of year, many organisations employ seasonal workers to cover for permanent employees that are on annual leave or to cope with the busy summer period. Depending on the type of employment you are providing and the age of the person you are employing, there are a number of Acts that may apply. The two articles provided this month deal with the provisions laid out by the following legislation.

Location of 2 Articles: Login to the Client Zone > Click Performance Management > Under Practical Steps heading

Click here for direct access to the full article in the Client Zone on Employing Under 18's in Accordance with Legislation

Click here for direct access to the full article in the Client Zone on Employing Seasonal Workers for the Summer period

 

Back to top of page