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The Use of Conciliation Within Ryanair

  Ryanair has been a major focus in the Irish labour market recently as news broke that a deal had been struck after a long period of negotiation. But how did they get there? A process, namely conciliation, was used to gain an agreement over the dispute regarding seniority issues and base transfers over the...

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GDPR Subject Access Requests

I have received a subject access request asking for “all” personal data from a current employee. How do I deal with this? Under the Data Protection Act 2018, individuals can make a Subject Access Request (SAR) to their employer to access their personal data. Employers should have an accessible policy to deal with such requests....

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New Motivation Test in Whistleblowing

  The European Union (Protection of Trade Secrets) Regulation 2018 was implemented on 9 June 2018 and introduces an amendment to the Protected Disclosures Act 2014. The Protected Disclosures Act 2014 deals with the protection of employees who suffer a detriment as a result of disclosing wrongdoings, which have come to their attention in connection...

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Employer Loses €7,500 for Employee Working Excessive Hours Outside of Normal Working Time

  Grainne O’Hara v Kepak Convenience Foods Unlimited Background Ms. O’Hara (the complainant) who was employed as a Business Development Executive for Kepak (the respondent), took a claim under the Organisation of Working Time Act 1997, for working in excess of an average of 48 hours per week. The complainant was checking and responding to...

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Major Reform to Pensions in Ireland

In February this year, the government announced plans to introduce an automatic enrolment system to boost pension savings as part of a major reform to state public and private pension systems. The ‘Roadmap to Pensions Reform 2018-2020’ proposes automatic enrolment into a retirement scheme for employees who do not have a private pension however, employees...

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Employee Surveillance – Is It Legal?

  While it may be a controversial issue amongst staff members, workplace monitoring is a legitimate and legal method that employers can implement to protect their staff and business. Permitted methods of surveillance include maintaining CCTV systems, monitoring internet browsing history, inspecting email traffic, listening in on telephone calls or conducting employee bag searches. If...

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High Court Finds Hotel Worker was Unfairly Dismissed After Altercation with the Managing Director

A recent High Court decision to uphold the unfair dismissal ruling by an Employment Appeals Tribunal and held by the Circuit Court in Eugene Young V Towerbrook Ltd T/A Castle Durrow County House Hotel highlights the need for a company to ensure that all disciplinary matters are conducted in a fair, impartial and objective manner....

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Contract of Employment – Terms Required by Statute

One of the most common oversights attributable to Employers in Ireland is failing to provide all employees with a contract of employment – meeting minimum statutory requirements – within the first 2 months of employment. The relevant legislation is the Terms of Employment (Information) Acts, 1994-2014. This legislation states that the Contract of Employment must...

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Draft Legislation to Introduce Gender Pay Gap Reporting

The cabinet recently approved legislation proposed by Justice and Equality Minister, Charlie Flanagan to introduce gender pay gap reporting. The bill is proposing that employers in both the public and private sectors will be required to report on their gender pay data. The threshold is starting at organisations with over 250 employees, however, this will...

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Will There Be Another National Minimum Wage Increase?

The National Minimum Wage is likely to increase by 25c at the beginning of 2019. The low pay commission have put forward a recommendation for a €0.25 increase to the national minimum wage. Currently, the National Minimum Wage in Ireland is €9.55 per hour, this minimum wage was set at the beginning of 2018. The...

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2018 Graphite HRM