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02.08.2017

High Court Awards Army Sergeant €824,794 in Gender Discrimination Claim

In the High Court case of Byrne v Minister for Defence & Ors, the applicant made an application for a judicial review to the High Court due to her being excluded from a promotion process whilst on maternity leave. Generally, discrimination claims of this nature are heard by the Workplace Relations Commission in accordance with the...

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02.08.2017

Update to the Security ERO

The Employment Regulation Order (Security Industry Joint Labour Committee) 2017 (S.I. 231 of 2017) is effective since 1st June 2017. The initial Security ERO came into effect on 1st October 2015. The new ERO has brought a number of changes that all employers in the security industry should be aware of. Changes in the ERO:...

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02.08.2017

Will an Unfair or Flawed Procedure Result in a Dismissal Being Unfair?

Tribunals have not been consistent when it comes to whether or not an unfair procedure automatically renders the dismissal unfair. Whilst procedural flaws alone should not render a dismissal unfair, this is not always portrayed in decisions from the Workplace Relation Commission (WRC). In order to reduce exposure to successful litigation, it is imperative that...

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02.08.2017

Largest Award Granted Under Health, Safety and Welfare at Work Act 2005

Background The complainant was employed for over 34 years as an Office Manager in a small, family run drugs company. The complainant lodged claims under both the Unfair Dismissal Act 1977 – 2007 and Safety Health and Welfare Act, 2005. Employers are expressly prohibited under the 2005 Act from penalising employees who raise issues in...

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02.08.2017

The Gender Pay Gap Bill 2017

The Irish Human Rights and Equality Commission (Gender Pay Gap Information) Bill 2017 has been drafted. The bill requires employers who employ 50 or more employees to publish information regarding employee pay. The information is being published to show whether or not there are differences in pay between female and male employees and if so,...

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04.07.2017

The Key Benefits of a Health & Safety System to Your Business

Taking a systematic approach to managing health & safety within your organisation will positively benefit the management of the business and boost efficiency. From our experience, when clients take a consistent approach to health & safety within their workplace, they reap the benefits not only from a legal perspective but also from a cost-saving and efficiency perspective....

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04.07.2017

Fair Use of Audio and Photographic Data in Disciplinary Processes

The Data Commissioner released their annual report in April 2017. Interestingly, the report included a case study in relation to the legitimate use of audio recording and photographic data that was used during a disciplinary process which subsequently led to the dismissal of an employee working in a residential care home.   In summary, on two...

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04.07.2017

Case Study: High Court’s Ruling on Workplace Bullying Overturned

The case of Ruffley -v- The Board of Management St Anne’s School [2014] IEHC 235 is the first extended deliberation of the law in relation to bullying in the workplace. The claimant was awarded a substantial €255,276 in compensation after it was found that they had been subjected to workplace bullying. The respondent appealed the...

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03.07.2017

Question of the Month – How Are Unfair Dismissal Awards Calculated?

Under the Unfair Dismissal Act 1977 – 2015, the maximum compensation that a Tribunal can award is two years remuneration. The calculation of the award is based on the financial loss incurred by the claimant. Financial loss is defined under employment legislation as “any actual loss and any estimated prospective loss of income attributable to the...

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03.07.2017

Mediation – An Alternative Dispute Resolution

Alternative dispute resolution is a growing practice within Ireland. It is being used to resolve workplace disputes in particular. In many cases, mediation can be used as a first instance resolution and can be particularly successful for resolving grievances and bullying & harassment allegations.   The Mediation Bill 2017 is currently in legislative programme as priority...

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2017 Graphite HRM