Employment Law

Handling-Retirement-Age-in-Ireland

Handling Retirement Age in Ireland

Handling and unravelling the complexity of retirement age in Ireland can be difficult. Retirement age in Ireland can sometimes be unclear.  The usual retirement age up until recently was 65. The general assumption is that retirement age is the same as the state pension age.  This makes sense.   However, the state pension age changed…


New Paternity Leave Legislation

With effect from 1 September 2016, new parents (other than the mother of the child) are entitled to paternity leave from employment or self-employment following the birth or adoption of a child.   Subject to eligibility and notification criteria being met, the provisions apply to births and adoptions on or after 1 September 2016.  …


Are Directors in scope to transfer in a transfer (TUPE) situation?

In a Transfer of Undertakings (TUPE) situation where a transfer applies, employees of the outgoing contractor (the transferor) who has lost a contract  to the new contractor (the transferee), may transfer to the transferee.   In this situation, the question arises as to who is in scope to transfer?   Who is in scope to…


The “use” of tangible assets in assessing a transfer (TUPE) situation

In a Transfer of Undertakings (TUPE) situation, the use of a contracting organisation’s assets may be transferred from the outgoing contractor (the transferor) to the new contractor (the transferee) in the event of the loss of a contract.   Depending on the case, the “tangible asset” owned by the contracting organisation could be machinery say…


Behavioural Interviewing

Disciplinary sanctions other than warnings and dismissal

The most common sanctions arising from a disciplinary process are warnings, which can be from a verbal warning to a first written, second written and final written warning, through to a dismissal. The latter can arise directly as a result of a gross misconduct or from the progressive steps taken over a period of time…


Fixed-Term Workers – Do’s and Don’ts

Engaging employees on fixed-term contracts has many benefits, but you also need to think through the downsides or issues too.   Benefits of fixed-term contracts The benefits include: the additional flexibility to add new expertise or knowledge to your existing workforce for a period of time without having to make them permanent, the flexibility to…


Loss of a contract “by itself” does not indicate transfer of undertaking

A rights commissioner has ruled that the transfer of a service contract by Tesco from Keelings to Stobart did not constitute a transfer under the Transfer of Undertakings Directive.   The Rights Commissioner agreed that the “mere loss of a service contract to a competitor cannot by itself indicate the existence of a transfer within…


Conciliation Services in the Labour Court – How it Works

The Conciliation Service of the Labour Court is a useful forum for debate and discussion on an issue where parties enter it in good faith with the aim of achieving an agreed way forward.   The following outlines the procedure which is followed.   Procedure On arrival each party is allocated their own room. The…


What Workplace Bullying Is and Is Not

What is Bullying? Workplace bullying is repeated inappropriate behaviour, which may be verbal, physical or otherwise, conducted by a person(s) against an other person(s), which takes place in the workplace or in the course of person(s) employment, which could reasonably be regarded as undermining the individual’s right to dignity at work   A characteristic of…


Mediation Process-Outline

Purpose Mediation aims to assist parties to resolve their dispute through informal and confidential discourse in which a neutral third party, a mediator, assists the parties to reach a negotiated and mutually acceptable resolution/agreement.   Role of Mediator The mediator is impartial and has no authoritative or decision making power. Nor does the mediator have…


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