Employment Law

Abercrombie Age Limit of 25 for On Call Workers is Legitimate

Abercrombie Age Limit of 25 for On Call Workers is Legitimate

In an interesting ruling recently, the Court of Justice of the EU (CJEU) determined that the age limit of 25 used by Abercrombie & Fitch for on-call workers is not unlawful because it pursues a legitimate aim.   The Italian law in question stipulates that an on-call employment contract, whereby the worker makes themselves available…


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…

Lufthansa retirement

Objective Justification required for compulsory Retirement Age

With much discussion in the media and among employers recently, the following case will be of interest to all who are considering retirement age in the workplace.   Compulsory retirement age of 65 – is it valid?   A pilot with Lufthansa CityLine had taken a case to 65 the Court of Justice of the…

Unfair Dismissal Award

Unfair Dismissal Award following the making of a Protected Disclosure

In this case, an installation engineer was dismissed by a communications provider shortly after he made a protected disclosure to the company’s managing director.     He began work with the company on July 27, 2015.     On January 7, 2016, he had refused to use equipment because he deemed it unsafe, therefore he…

Discrimination on grounds of age during recruitment process

Discrimination on grounds of age during recruitment process

The recent Tennis Ireland case before the WRC, reported in IRN, resulted in the WRC Adjudication Officer deciding that  Tennis Ireland had discriminated against the former director of development at the International Tennis Federation, on the ground of age, when it selected a less qualified candidate for the post of chief executive.   The claimant…

Questions and Answers on Credit Union Mergers

Questions and Answers on Credit Union Mergers

  Last month’s’ article on Do’s and Don’ts in Credit Union Mergers generated a great deal of interest and lots of questions.   Where people, culture and change are concerned, life can be complex. Where employment law is concerned, it can seem like a minefield at times.   It has to be acknowledged that many…

Credit Union Mergers

Do’s and Don’ts in Credit Union Mergers

The landscape for credit unions in Ireland has changed dramatically in recent years.   We had the economic downturn and problems worldwide in the financial systems, resulting in a massive reduction in income from investments, and a huge reduction in lending income which currently has not picked up sufficiently to bridge the investment income gap….


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.  …

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…

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