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07.06.2017

What are Reasonable Accommodations for a Disabled Worker?

Over the last year or so, there have been several Workplace Relations Commission (WRC) and Labour Court decisions that dealt with claims taken under the Equality Act on the grounds of disability. The vast majority of these claims resulted in employees being awarded compensation for discrimination due to the employers’ failure to provide reasonable accommodations...

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07.06.2017

Case Study: Short Service Employee Successfully Claims Unfair Dismissal

  Overview of the case: The claimant was employed from 14th June 2014 until 5th February 2015 as a van/truck driver for a courier company. In December 2014, the claimant joined a trade union following advice received from a driving instructor. In January 2015, a new Transport Manager was hired. On the first occasion the...

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07.06.2017

Mandatory Retirement Ages

The Employment Equality (Abolition of Mandatory Retirement Age) Bill 2016 was recently before the Oireachtas Justice Committee. The bill proposes to abolish mandatory retirement ages in Ireland. In the private sector, there is no general statutory retirement age. Retirement ages are dependent on contractual agreements, with a lot of policies referencing 65 as the age...

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07.06.2017

Use of CCTV in the Workplace

In recent times, the use of CCTV (closed circuit television) technology in the workplace has increased considerably. Employers install CCTV technology for a variety of reasons, including security, health & safety, the protection business interests, assessing & improving productivity and ensuring compliance with legal and regulatory obligations.   As CCTV technology has improved to record...

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27.04.2017

Limits Applied to Annual Leave Claims Under Working Time Legislation

The Labour Court recently issued an interesting recommendation regarding annual leave for employees in Ireland. The case of Tapastreet Ltd -v- Joseph Mitchell was initially heard by an adjudication officer in the Workplace Relations Commissions in November 2015. Mr Mitchell claimed his former employer had breached the Working Time Act by not paying him outstanding...

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27.04.2017

How to Implement English-Only Speaking Policies

When managing a multi-cultural workforce, dealing with different languages can prove challenging for many employers. Although language is not a protected characteristic under the Equality Act 1998 – 2015, race discriminations claims can be raised on the grounds of nationality. It is important that employers have non-discriminatory, objective justification for imposing an English-only speaking policy...

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27.04.2017

Employment Rights of Au Pairs and Other Domestic Workers

Since the landmark case last year where a Spanish Au Pair was deemed an employee by the Workplace Relations Commission and awarded €9,229, there has been an influx of similar claims taken which has led to a lot of publicity in the media around the topic. Concerns have been raised that foreign nationals working in...

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27.04.2017

Is There a Difference Between Bullying and Harassment?

Bullying and harassment are closely related. However, they do differ and it is important for employers to understand the difference between the two and to investigate formal complaints from employees under the correct procedure.   The Code of Practice on the Prevention of Workplace Bulling made under the Safety, Health and Welfare at Work Act,...

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24.03.2017

EU Decision on Banning Headscarves in the Workplace

The European Court of Justice (ECJ) has ruled that employers can implement a ban on employees wearing headscarves in the workplace. The first of two cases brought before the ECJ concerned a woman who was employed as a receptionist by G4S Secure Solutions. After being employed by the company for three years, the claimant decided...

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08.03.2017

International Women’s Day Interview with Moira Grassick

  I had the pleasure of sitting down with Moira Grassick to speak to her about her career and how she has become the successful woman that she is today. As always, Moira is open, approachable and honest, just like the way she is on an everyday basis in the office. Joining Graphite in 2012,...

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2017 Graphite HRM