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28.09.2017

Annual Leave

Planning Annual Leave Planning annual leave is essential in order for a company to operate efficiently.  We have seen the massive impact the mismanagement of annual leave can have on a company, as proven by Ryanair’s “mess up of Pilots annual leave”. There are a number of different ways employers can ensure they don’t experience...

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19.09.2017

Changes to Zero Hour Contracts

Changes to Zero Hour Contracts On May 2nd 2017 the Irish Government approved draft legislative proposals brought forward by the Minister for Jobs, Enterprise and Innovation, Mary Mitchell O’Connor, and the Minister for Employment and Small Business, Pat Breen, in response to the commitment in the Programme for Government to address problems caused by the...

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28.08.2017

Force Majeure Leave – What Employers Need to Know

Where an employee has an urgent family crisis, that employee may be entitled to take paid time off work to attend to that emergency. This is known as Force Majeure Leave, and it is a statutory entitlement that qualifying employees enjoy.   The law governing force majeure leave is contained in the Parental Leave Acts...

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25.08.2017

The Importance of Fair Procedure During Disciplinary Processes

In a recent unfair dismissal case, the Labour Court tripled the compensation award for the claimant Mr Valery Panasov from €10,000 to €30,000 due to the lack of procedural fairness. The appeal was a joint appeal to the Labour Court by Mr Valery Panasov and Pottle Pig Farm against the Decision of an Adjudication Officer...

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25.08.2017

Is the National Minimum Wage Set to Increase?

The National Minimum Wage is likely to increase by 30c at the beginning of 2018. An announcement was recently made by the Taoiseach, Mr. Leo Varadkar, Tánaiste Frances Fitzgerald and Minister of State for Disability Issues Finian McGrath, confirming the Low Pay Commission put forward a recommendation to increase the minimum wage by 30c.   The...

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25.08.2017

Electrical Contracting Sectorial Employment Order (SEO)

The question of whether or not further Employment Regulation Orders will be introduced has been at the forefront of employees minds in certain industries, particularly the Electrical Contracting Industry. The Labour Court has recently received requests in accordance with the Industrial Relations (Amendment) Act  2015 to ‘examine the terms and conditions relating to remuneration and...

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25.08.2017

Delivery Driver Awarded Two Years’ Salary in Unfair Dismissal Case

  Background of the Case An appeal was brought to the Labour Court on behalf of DHL Express Limited against an Adjudication Officer decision to reinstate an employee. The respondent had been employed by DHL as a courier/driver for 11 years until he was dismissed in November 2015 following a driving incident.   The Driver...

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02.08.2017

High Court Awards Army Sergeant €824,794 in Gender Discrimination Claim

In the High Court case of Byrne v Minister for Defence & Ors, the applicant made an application for a judicial review to the High Court due to her being excluded from a promotion process whilst on maternity leave. Generally, discrimination claims of this nature are heard by the Workplace Relations Commission in accordance with the...

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02.08.2017

Update to the Security ERO

The Employment Regulation Order (Security Industry Joint Labour Committee) 2017 (S.I. 231 of 2017) is effective since 1st June 2017. The initial Security ERO came into effect on 1st October 2015. The new ERO has brought a number of changes that all employers in the security industry should be aware of. Changes in the ERO:...

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02.08.2017

Will an Unfair or Flawed Procedure Result in a Dismissal Being Unfair?

Tribunals have not been consistent when it comes to whether or not an unfair procedure automatically renders the dismissal unfair. Whilst procedural flaws alone should not render a dismissal unfair, this is not always portrayed in decisions from the Workplace Relation Commission (WRC). In order to reduce exposure to successful litigation, it is imperative that...

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2018 Graphite HRM