Employment Law

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…

Dismissing During Probation Period – What are the Risks?

It is commonly understood that there is little risk arising from dismissing an employee during the probation as the employee will have less than one years service and no protection under Unfair Dismissals.   A recent award of €30,000 for an employee dismissed during probation shows the risks associated with dealing with performance issues during…

Employee with Anorexia was Unfairly Dismissed

In this case, the Labour Court outlined the correct approach to be followed by employers when considering dismissing an employee for incapacity due to disability.   The claimant was employed by a Fitness Centre as a Childcare Assistant from October 2000 to June 2002 when she was dismissed.   She suffered throughout the period of…

Constructive Dismissal – the Burden of Proof rests with the Employee

When an employee terminates his/her employment and lodges a claim for constructive dismissal under the Unfair Dismissals Act 1977, the onus of proof rests with the employee to prove that their resignation was justified in the circumstances.   Where an employee alleges that he/she was constructively dismissed the onus is on the employee to prove…

Dismissal Deemed Unfair due to Non-Renewal of Fixed-Term Contract

Background to Complaint The Claimant (the employee) was hired as a homecare nursing advisor and was recruited through a nursing agency in 2002. The contract ran for one year and was renewed in October 2003 and also in October 2005.   The Claimant sent an email to the Respondent Company complaining that she had not…

Dismissal Deemed Unfair After 3 Days Employment – Award of €15,000

Background to Complaint   Ms. X was successful in her application for the position of temporary process operator with An Electronic Component Company (AECC) but within 3 days of commencement her employment was terminated.   Ms. X completed a medical examination, which was conducted by an Occupational Health Nurse on behalf of AECC on 15/02/05….

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…

employee handbooks

What Should be in an Employee Handbook?

You need an employee handbook to communicate your HR policies to employees. It’s an essential document that all employees should receive on commencement of their employment, during induction.   All employees should receive an induction or training in the company’s employee policies and sign an acknowledgment form agreeing to abide by their contents.   Certain…

Deemed Fair Dismissal by EAT Due to Procedures Followed and Clear Policies in Native Language

Background to the Fair Dismissal Complaint The claimant had worked for four years at the AIBP plant. The terms and conditions of his employment had been explained to him with the help of a translator. He had signed a summary at the front of the contract of employment. The grievance and disciplinary procedures were displayed…

Dismissal on Discriminatory Grounds

Background to Complaint The complainant claimed that the respondent discriminated against him on the Traveller community ground when he applied to transfer to the Roscommon branch of the Irish Soccer Referees Society. His request to become a member of that branch was refused.   The respondent rejected the complainant’s allegation that it discriminated against the…

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