Graphite Blog


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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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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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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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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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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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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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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2018 Graphite HRM