Protected Disclosures and Regulated Sectors
1. Introduction The Labour Court decision in Financial Services Union v Hanna PDD201 is a useful illustration of the application of the protected disclosure regime in the financial services sector. The case addresses the relationship between regulatory disclosures and protected disclosures and the scope of the Section 12 protections in a regulated environment. This article
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Protected Disclosures and Detriment
1. Introduction The case of A Massage Therapist v A Massage Therapy Business (ADJ-00043225) is a useful illustration of the operation of the detriment provisions under Section 12 of the Protected Disclosures Act 2014. The case addresses the relationship between the disclosure and the detriment and the application of the burden of proof. This article
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Collective Redundancy and Information and Consultation
1. Introduction The information and consultation obligation under Section 9 of the Protection of Employment Act 1977 is the substantive heart of the collective redundancy framework. The provision requires the employer to consult with employees’ representatives in good faith over a defined period in respect of specified matters. This article addresses the scope of the
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Protected Disclosures and Compensation
1. Introduction Schedule 2 to the Protected Disclosures Act 2014, as amended by the 2022 Act, sets out the forms of penalisation prohibited by Section 12. The Schedule is comprehensive and includes both formal and informal forms of detriment. This article addresses the operation of the Schedule and the compensation available for breach. The article
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The Balans Framework under Section 5 of the Payment of Wages Act 1991
1. Introduction The Supreme Court decision in Marek Balans v Tesco Ireland Limited [2020] IESC 71 transformed the analysis of Payment of Wages complaints. The Court held that the threshold question in every case is what wages were “properly payable” to the employee. Only after that question is answered can the WRC determine whether there
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Unilateral Variation of Pay under the Payment of Wages Act 1991
1. Introduction A reduction in pay imposed unilaterally by an employer, without the consent of the employee, may amount to an unlawful deduction under Section 5 of the Payment of Wages Act 1991. The question is whether the reduction is authorised by statute, by the contract, or by the prior written consent of the employee.
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The Six-Month Time Limit under Section 41 of the Workplace Relations Act 2015
1. Introduction Time limits are central to the strategy of any Payment of Wages complaint. Section 41 of the Workplace Relations Act 2015 imposes a six-month time limit for the referral of a complaint, with a possible extension to twelve months on the showing of reasonable cause. This article considers the calculation of the cognisable
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Working Time and Sunday Working
1. Introduction Section 14 of the Organisation of Working Time Act 1997 requires that employees who work on a Sunday be compensated by a reasonable allowance, a reasonable premium rate, or a reasonable adjustment to the working day, unless the contractual hourly rate already takes the Sunday work into account. This article considers the meaning
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Statutory Sick Pay under the Sick Leave Act 2022 and the Payment of Wages Act 1991
1. Introduction The Sick Leave Act 2022 introduced a statutory right to paid sick leave for employees in Ireland, beginning with three days in 2023 and increasing incrementally. Statutory sick pay constitutes “wages” for the purposes of the Payment of Wages Act 1991, with the result that any unpaid entitlement may be pursued under Section
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Working Time and Rest Breaks
1. Introduction Sections 11, 12 and 13 of the Organisation of Working Time Act 1997 establish a framework of rest entitlements: a daily rest period of 11 consecutive hours in each 24-hour period (Section 11), in-work rest breaks (Section 12), and a weekly rest period of 24 hours preceded by 11 hours’ daily rest (Section
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