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...
Read moreHigh 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....
Read moreContract 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...
Read moreDraft 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...
Read moreWill 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...
Read moreProposals to Enhance Family-Related Leave
The Parental Leave (Amendment) Bill 2017 and the Draft EU Directive on Work-Life Balance for Parents and Carers Work-Life balance for parents and carers is consistently on the political agenda, both in Ireland and in the EU. The Parental Leave (Amendment) Bill 2017, was passed by the Dáil at the beginning of July this year...
Read moreTravel Time and Working Time
Tyco and the Norwegian Supreme Court case of Thorbjørn Selstad Thue v The Norwegian Government (E-19/16) In 2015 the European Court of Justice ruled that time spent travelling to and from first and last appointments by workers without a fixed office should be regarded as working time. The ruling came about because of an...
Read moreThe Rights of the Workplace Relations Commission Inspectors
WRC inspectors are appointed by the Director General. Their role is to carry out inspections to ensure employers are complying with employment and equality legislation. Inspectors have the following powers; “to enter at all reasonable times any place of work or premises which he/she has reasonable grounds for believing is being used in connection...
Read moreWRC Guidance on Unpaid Workers
The Workplace Relations Commission (WRC) recently published an update pertaining to unpaid workers in the Republic of Ireland. In their update, the WRC stated: “Apart from the employment of close family relatives and the engagement of registered industrial apprentices, there is no exemption in law from the obligation to pay the national minimum hourly...
Read moreContractual 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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