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28.09.2017

Retract a Job Offer?

Can Employers Safely Retract a Job Offer? The question of whether or not employers can safely retract an offer of employment is quite common. During the recruitment process, employers should be aware of their obligation to comply with employment equality legislation. If an offer of employment is offered and later retracted due to reasons relating...

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28.09.2017

Falsification of Employment Records

Falsification of Employment Records The revelation that more than 1.45 million roadside breath tests recorded across Ireland by members of An Garda Síochána never took place at all has sent shockwaves through the country. The ensuing controversy has shone the spotlight now, not just on the Gardaí, but on firms across all sectors in Ireland...

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28.09.2017

Annual Leave

Planning Annual Leave Planning annual leave is essential in order for a company to operate efficiently.  We have seen the massive impact the mismanagement of annual leave can have on a company, as proven by Ryanair’s “mess up of Pilots annual leave”. There are a number of different ways employers can ensure they don’t experience...

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19.09.2017

Changes to Zero Hour Contracts

Changes to Zero Hour Contracts On May 2nd 2017 the Irish Government approved draft legislative proposals brought forward by the Minister for Jobs, Enterprise and Innovation, Mary Mitchell O’Connor, and the Minister for Employment and Small Business, Pat Breen, in response to the commitment in the Programme for Government to address problems caused by the...

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28.08.2017

Force Majeure Leave – What Employers Need to Know

Where an employee has an urgent family crisis, that employee may be entitled to take paid time off work to attend to that emergency. This is known as Force Majeure Leave, and it is a statutory entitlement that qualifying employees enjoy.   The law governing force majeure leave is contained in the Parental Leave Acts...

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25.08.2017

The Importance of Fair Procedure During Disciplinary Processes

In a recent unfair dismissal case, the Labour Court tripled the compensation award for the claimant Mr Valery Panasov from €10,000 to €30,000 due to the lack of procedural fairness. The appeal was a joint appeal to the Labour Court by Mr Valery Panasov and Pottle Pig Farm against the Decision of an Adjudication Officer...

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25.08.2017

Is the National Minimum Wage Set to Increase?

The National Minimum Wage is likely to increase by 30c at the beginning of 2018. An announcement was recently made by the Taoiseach, Mr. Leo Varadkar, Tánaiste Frances Fitzgerald and Minister of State for Disability Issues Finian McGrath, confirming the Low Pay Commission put forward a recommendation to increase the minimum wage by 30c.   The...

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25.08.2017

Electrical Contracting Sectorial Employment Order (SEO)

The question of whether or not further Employment Regulation Orders will be introduced has been at the forefront of employees minds in certain industries, particularly the Electrical Contracting Industry. The Labour Court has recently received requests in accordance with the Industrial Relations (Amendment) Act  2015 to ‘examine the terms and conditions relating to remuneration and...

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25.08.2017

Delivery Driver Awarded Two Years’ Salary in Unfair Dismissal Case

  Background of the Case An appeal was brought to the Labour Court on behalf of DHL Express Limited against an Adjudication Officer decision to reinstate an employee. The respondent had been employed by DHL as a courier/driver for 11 years until he was dismissed in November 2015 following a driving incident.   The Driver...

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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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2017 Graphite HRM