Employment Law Articles

Employment (Miscellaneous Provisions) Act, 2018

Employment (Miscellaneous Provisions) Act, 2018 – Banded Hours and Five Terms in Five Days

The Employment (Miscellaneous Provisions) Act came in to being on 4th March 2019, bringing with it several changes to existing employment legislation, which have had a notable effect on employers in Ireland.    This article focuses on changes as a result of the new Act to the following two pieces of employment legislation:   1….


Compulsory Retirement Age

With much discussion in the media, in the courts and among employers in recent times, in this article we look at the current situation regarding enforcing a compulsory retirement age.   State Pension Age   Since January 1, 2014 the age at which a person is entitled to a State Pension is 66 years. This…


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.  …

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…

Using CCTV for disciplinary purposes

The Data Protection Commissioner has made his view clear about the use of CCTV in disciplinary cases and has extensive guidance for data controllers on his website. The following case highlights the difficulties posed in using CCTV in disciplinary cases.   In 2008, the Commissioner received complaints from two employees of the same company regarding…

Unlawful use of CCTV to remotely monitor an employee

The 23rd Annual Report of the Data Protection Commissioner contains more insight into the Commissioners looking at unlawful CCTV use in an employee/employer context.   In October 2010, the Commissioner received a complaint from an employee who stated that he considered that his personal privacy was being affected in his workplace through the inappropriate use of…

Data Protection issues with ‘Nature of Illness’ on Doctors Certs

The 24th annual report of the Office of the Data Protection Commissioner highlights an interesting concern which the Office has about the need for Doctors certs to contain ‘Reason for Illness’ information about the employee who is absent from work due to illness.   The comment in the report arises from a complaint the Office…

Calculating Holiday Pay

How do you calculate holiday pay when an employee’s pay is variable or is part fixed and part variable?   Section 20 of the Organisation of Working Time Act (OWTA) governs an employee’s right to pay in respect of their annual leave.   It provides that pay shall:- “be paid at the normal weekly rate…

Contract of Service or for Service? Employed or Self-Employed?

Are self-employed independent contractor agreements all they seem?   The Revenue Commissioners has, for some years now, been scrutinising arrangements in which people describe themselves as self-employed consultants or “independent contractors”.   Revenue has been looking at the employment status of individuals across a number of sectors to ensure that it is in line with…

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