Employment

Maternity Leave

Entitlement to Maternity Leave A pregnant employee is entitled to leave, (maternity leave), from her employment for a period (the minimum period of maternity leave) of not less than 26 consecutive weeks. Part may be postponed.… Read the rest

Maternity Issues

Family Rights

Maternity Discrimination Pregnancy may raise issues of equality and discrimination in employment. Discrimination on the grounds of sex or gender is unlawful. Discrimination specifically includes less favourable treatment of a woman on account of pregnancy or maternity leave. … Read the rest

Paternity Leave

Family Rights

Entitlement to Paternity Leave An employee who is a qualifying parent in relation to a child is entitled to 2 weeks’ leave from his or her employment, known as “paternity leave”, to enable him or her to provide, or assist in the provision of care to the child or to provide support to the relevant adopting parent or mother of the child, as the case may be, or both.… Read the rest

Parental Leave

Family Rights

Persons Entitled to Parental Leave Employees and certain others are entitled to parental leave rights. An “employee” for this purpose means a person employed under a contract of service or apprenticeship. The following are deemed to be employees for the purpose of parental leave; a person places by an employment agency who personally performs any work or service for a business a person holding office under, or in the service of, the State (including a member of the Garda Síochána or the Defence Forces or a civil servant an officer or servant of a local authority of a harbour authority, health board or member of the staff of an education and training board An employee who is a qualifying parent in respect of a child is entitled to leave from his or her employment known as parental leave for a period of 18 working weeks to enable him or her to take care of the child.… Read the rest

Parental Leave Issues

Family Rights

EU Directives I The Parental Leave Act 1998, as amended by the Parental Leave (Amendment) Act 2006, governs parental leave. It implements EU Directives. The legislation provides for unpaid leave of up to 18 weeks in total.… Read the rest

Carers’ Leave

Family Rights

Overview of Carer’s Leave Carers leave is governed by the Carer’s Leave Act 2001 as amended in 2006. Carers leave may be available to an employee with over 12 months’ service. Up to 104 weeks’ carers leave may be taken to look after an ill or incapacitated person, while preserving a right to return to work.… Read the rest

Adoptive Leave

Family Rights

Overview I Adoptive leave is broadly similar to maternity leave. The legislation applies to domestic adoptions and adoptions from abroad. The principal entitlement is to take leave of a minimum of 24 weeks from the date the placement for adoption. … Read the rest

Gender Discrimination

Equality

Equal Remuneration The Employment Equality Act, 1998 (as amended) incorporates two key implied terms into contracts of employment in relation to gender equality. One term requires equal pay, and the other term requires equal treatment. The right to equal pay covers all types of remuneration, including direct and indirect benefits, in cash or in kind.… Read the rest

UFD Scope of Act

Dismissal

Dismissal Dismissal means the termination of the employment contract, whether or not a proper notice was given. A person is generally dismissed where he is unequivocally told that his employment is at an end or the circumstances make this abundantly clear that this so. … Read the rest

Registered Agreements

Collective Issues

REAs Registered Employment Agreements apply automatically to all the relevant group or type of employees in the sector, job type and grade to which they apply. The terms of a registered employment agreements in relation to pay and conditions of employment are incorporated in employees’ contracts, of employees to whom it is subject.… Read the rest

Discipline & Grievances

Employment Contract

Grievances and Discipline The WRC and the courts are concerned principally with the fairness of workplace procedures. They do not generally seek to examine grievances, complaints and disciplinary action on their merits. Many, if not most unfair dismissals arise by reason of the failure of the employer to afford fair procedures.… Read the rest

Unfair Dismissal

Dismissal

Overview of Unfair Dismissal The Unfair Dismissals Act 1977 introduced a statutory right not to be unfairly dismissed. The right is not enforced by the courts and does not form part of the employment contract as such. … Read the rest

UFD Misconduct

Dismissal

Misconduct Conduct, or more correctly misconduct, is a potentially fair ground for dismissal. Conduct may relate to a single incident or to a series of incidents or circumstances over time. As in other areas, the bona fide opinion of the employer will generally be respected by the WRC, provided that fair and proper procedures have been followed.… Read the rest

UFD Competence

Dismissal

Capability or competence The absence of competence, qualification or capability are potentially fair grounds for dismissal. The WRC does not second guess the employer in determining whether the employee lacks the requisite competence, qualification or capability.… Read the rest

UFD Other Grounds

Dismissal

Potentially Fair Grounds for Dismissal There are a number of potentially fair grounds for dismissal. It is not sufficient that the employer labels one of the ground as applicable. The application of the ground in the circumstances must be real and substantial.… Read the rest

UFD Remedies

Dismissal

Remedies for Unfair Dismissal At common law, the remedies available for wrongful dismissal are very limited. The majority of employees may have their employment contract terminated by the minimum notice period. This has the effect that even where there has been a breach of contract, the level of compensation available will be minimal.… Read the rest

Wrongful Dismissal

Dismissal

Overview A “wrongful” dismissal refers to the termination of an employment contract, in breach of its terms. Wrongful dismissal claims are taken in the Civil Courts, in common with other breaches of contract claims. In the case of the vast majority of employees, their employment contract may be terminated by relatively short notice.… Read the rest

Dismissal Issues

Dismissal

Constructive Dismissal Under general contract law, the innocent party is entitled to terminate a contract where there is a fundamental breach by the other party, “going to the root” of the contract. One instance of a fundamental breach is where one party communicates to the other, that he does not intend to be bound by its key terms.… Read the rest

Injunctions

Dismissal

Pre-trial Injunctions An Injunction may be granted at an early stage in proceedings to preserve the status quo until the full hearing / trial. A one-sided or so-called ex-parte application may be made without notice to the other side. … Read the rest

Damages

Dismissal

Damages Principles The key principle of compensation is that the claimant should be put into the position in which he would have been, but for the breach, in so far as money can so do. This is limited by the principle of causation and the principle that loss must be such that it was or is deemed to have been, in the contemplation of the parties. … Read the rest

Minimum Notice

Dismissal

Termination by Notice There is a strong presumption that an employment contract may be terminated by either employer or employee, by giving notice to terminate. This will be so, even if the contract appears to provide for perpetual employment. … Read the rest

General Issues

Equality

Background to Equality Protections The Irish Constitution contains a guarantee of equal treatment. However, the courts have interpreted the protection narrowly. It allows, to a significant extent, the treatment of persons with references to differences in relevant circumstances.… Read the rest