Graphite Blog


Contractual Essentials – Probationary Period

  Employers very often hire staff members on the strength of CVs, application forms, and interviews – without having the opportunity to observe those individuals in the working environment from a practical perspective. However, just because an employee looks good on paper and interviews well does not necessarily mean they will assimilate well into a...

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How to Address the Issue of Dress Codes in Summer Months

  With the recent warm weather, the advice line has had a number of calls from employers with problems with employees not wearing the company uniform or not adhering to the company dress code. It is important when addressing this that you can refer to the company policy and re-issue the policy to all staff....

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Do Employers Need a Sporting Events Policy Ahead of the World Cup?

The 2018 FIFA World Cup gets underway this week. With football managers hard at work preparing their teams for success in this summer’s tournament, employers should be taking the necessary precautions to manage their own staff and ensure provisions are in place to keep productivity levels high. Some employers will choose to create a specific...

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Time Off for Jury Service – What Employers Need to Know

  Employees being called for Jury Service can be an unwelcome but at times unavoidable situation for employers. In Ireland, every person aged 18 years or above and whose name appears on the Register of Dail Electors is eligible for Jury Service – subject to the following exceptions: Those involved in the administration of justice; Those who...

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Pregnant Restaurant Manager Dismissed During Probationary Period Awarded €15,000

  Wrights of Howth Seafood Bars v Ms. Dorota Murat Summary of Case The employer in question appealed an earlier Workplace Relations Commission (WRC) adjudication Decision (ADJ-00001004) which had awarded Ms. Murat €30,000 for a discriminatory dismissal. The employer told the Labour Court that Ms. Murat’s dismissal was due to her incompetence in terms of...

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Workplace Relations Commission 2017 Annual Report – Key Takeaways for Employers

Key performance metrics for 2017, report that there were over 14,000 complaints received, with specific complaints relating to; 27% related to Pay issues, 14% related to Unfair Dismissal, 13% related to Working Time, 11% related to Discrimination/Equality, 11% related to Trade Disputes/IR issues, 8% related to Terms and Conditions of Employment The WRC have reported...

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Should an Employee Be Placed on Paid Suspension Pending Gross Misconduct Allegations?

The requirement for an employer to justify the need to suspend an employee was highlighted in a recent decision by an Adjudication Officer from the Workplace Relations Commission (WRC) in A Customer Agent -v- An Outsourced Contact Centre Company (ADJ-00008083). The employee, in this case, was placed on paid suspension pending allegations of misselling. In...

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HR & Employment Law Mid-Year Conference 2018 Key Takeaways

Graphite HRM were delighted to hold the HR & Employment Law Mid-Year Conference on 16th May at the Crowne Plaza Blanchardstown in Dublin, with expert speakers in the areas of employment law, GDPR, performance, Brexit and the Gender Pay Gap. Here we share some of the key takeaways from this year’s event…   Lorraine Smyth,...

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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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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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