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03.05.2018

Employee Who Officiated Senior Premier League Matches While Being on “Certified Sick Leave” Loses Unfair Dismissal Claim

  A General Operative -v- An Air Filtration Company Background of the Case The complainant, who was employed for 17 years by the multinational company, took a claim to the Workplace Relations Commission under the Unfair Dismissal Act 1997. The complainant had been on certified sick leave for six weeks when the respondent found out...

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02.05.2018

Jurisdiction of an External Investigator – Objectivity and Terms of Reference

  Background This case was initially heard in the High Court to consider the following questions: Who is appropriate to conduct investigations? Does an employee have the right to be consulted on the Terms of Reference of a process applicable to them? In April 2014, NUI (National University of Ireland) received a formal complaint of...

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30.04.2018

Will New Parents Get Paid Leave to Take Care of Their Child?

  It has been announced that the Government plan to implement two weeks paid parental leave in this year’s budget and will aim to increase it every year for the next few years. Currently, in Ireland, parental leave is governed by the Parental Leave Act 1998 – 2006 and the EU (Parental Leave) Regulations 2013....

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27.04.2018

Short-Service Employee Wins Unfair Dismissal Claim Due to Pregnancy-Related Dismissal

  Background The Workplace Relations Commission (WRC) awarded €13,000 in compensation to an employee who was dismissed while on sick leave following a miscarriage. The respondent in the case, a chicken processing company in Mayo, appealed the Workplace Relations Commission (WRC) decision to the Labour Court and argued that they were not aware the claimant’s...

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18.04.2018

A Quick Guide to Redundancy for Employers

  Redundancy is hopefully something you’ll never have to worry about, but every business owner or manager should understand what it is, how it can occur and how to manage the process just in case – here’s a quick guide to help… Redundancy generally occurs where a person loses their job due to circumstances such...

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17.04.2018

Grievance Guidelines

  Grievances refer to any complaint an employee may have that does not amount to bullying or harassment. For example, an employee may raise a grievance in relation to their salary, changes to their terms and conditions, or in regards to another employee or member of management. The Grievances Code of Practice sets out minimum...

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04.04.2018

Cycle to Work Scheme – Information for Employers

  With Spring hopefully on the horizon at last, now may be an ideal time for employers to support their employees to cycle to and from work by availing of the Government’s Cycle to Work Scheme. Cycling is a great way to get regular exercise and the benefits of a healthy lifestyle can have a...

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21.03.2018

Wage Deductions in Northern Ireland – Which Are Lawful and Which Are Unlawful?

  Article 45 of the Employment Rights (NI) Order 1996 prohibits all deductions from an employee’s wages unless: The deduction is required by statute or contractual provision; and The employee has given his prior written consent to the deduction A deduction in wages occurs where the sum paid to an employee falls below the sum...

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08.03.2018

Employees’ Right to Be Accompanied at Work-Related Meetings in Northern Ireland

  In the context of HR & Employment Law, the right to be accompanied refers to an employee’s right to arrange for a co-worker or a registered Trade Union Official to accompany them to formal work-related meetings. This right is enshrined in Article 12 of the Employment Relations (NI) Order 1999. Formal work-related meetings include...

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07.03.2018

What Employees Are Entitled to a Public Holiday Benefit & How Are Benefits Calculated?

  With St Patrick’s Day soon approaching, it’s important to ensure employers are aware of what employees are entitled to a public holiday benefit and how to calculate each employee’s benefit. This year St Patrick’s Day falls on a Saturday. With many working weeks running from Monday – Friday, the public holiday falling on a...

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2018 Graphite HRM