Employment Law

Bullying in the workplace

Conducting Harassment or Workplace Bullying Investigations

  Tips for Conducting Workplace Bullying or Harassment Investigations   An employer who receives a formal complaint of bullying, harassment or sexual harassment, in writing, or who has progressed through some or several steps in an informal process in attempts to resolve issues, may find they need to institute a formal investigation into the matters….


Workplace Bullying

Workplace Bullying or Harassment

Workplace Bullying. We all agree that the workplace should be free from any activity or behaviour that adversely affects the dignity of people in the workplace and that the working environment should provide all employees the freedom to conduct their work without having to suffer harassment or bullying.   What is harassment or bullying is…


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…


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