Compromise Agreements and Independent Legal Advice
Introduction A recent case before the Workplace Relations Commission (WRC) examines the factors that will be considered when deciding whether the WRC has jurisdiction to hear a complaint, despite the existence of a compromise agreement (often referred to as an exit, severance or settlement agreement) between the parties. Background In An Administrative Assistant v A Charity (ADJ-00022029),
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Right to Claim Redundancy Suspended (Again)
Suspension of Redundancy Rights The Irish Government, on 24 November 2020, announced yet another extension of certain provisions which preclude an employee from claiming redundancy from their employer, if they have been temporarily laid off, or placed on short-time work, for an extended period. It was expected that the suspension of these rights would expire
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The Equal Status Act – Service Discrimination
Employment Equality Law Resources: Guide to Employment Equality Acts Proving an Employment Equality Claim Bringing an Employment Equality Claim Employment Equality Cases and Claims Introduction – Discrimination as to Service A recent decision of the Workplace Relations Commission (WRC) reaffirms a generally accepted provision, that in order to be discriminated against on the grounds of
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Recruitment and Age Discrimination – Objective Justification
Introduction to Age Discrimination in An Garda Síochána A recent decision of the Workplace Relations Commission (WRC) casts doubts on the legality of age restrictions for certain profession that have hereto justified these restrictions by the physical nature of the work undertaken. In the separate cases of Fitzpatrick & Boyle (the Applicants) v Commissioner of An
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Covid-19: Reduced Pay, Reduced Hours and Redundancy
Introduction to Irish Employment Law and Covid-19 The Covid-19 pandemic has brought about significant disruption in our economy and society. As a consequence of the economic slowdown, many employers have struggled to navigate their way through the difficult financial times, we now find ourselves in. When income is reduced, employers will naturally look to reduce costs.
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Who Can Attend Work During Level 5 Covid Restrictions?
You should work from home unless you are providing an essential service for which your physical presence is required. Physical attendance at workplaces is only permitted for those providing the following listed services where such services can only be provided in person and cannot be delivered remotely. It does not include administrative and other support
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Unfair Dismissals and Alternative Sanctions
Unfair Dismissal Law Resources: Guide to Unfair Dismissal under Irish Employment Law Bringing an Unfair Dismissal Claim Alternative Sanctions to Dismissal Unfair Dismissal Cases and Claims Unfair Dismissal under Irish Employment Law (Video) Introduction to Unfair Dismissal and Alternative Sanctions A recent case before the Workplace Relations Commission (WRC) highlights the need for solid decision and documentation
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A Guide to Workplace Accident & Injury Claims in Ireland
Health and Safety in the Workplace Safety, Health and Welfare at Work Act These laws set out the rights and obligations of both employers and employees and provides for substantial penalties for breaches of the legislation. The Act applies to all employers, employees (including fixed-term and temporary employees) and self-employed people in their workplaces. Health
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Settlement Agreements and Independent Legal Advice
Settlement Agreement Resources: Guide to Settlement Agreements under Irish Employment Law Settlement Agreement Payments What does ‘Without Prejudice’ mean in a Settlement Agreement? Settlement Agreements and Independent Legal Advice Negotiate or Review a Settlement Agreement What is a ‘Settlement Agreement’? Often referred to as ‘exit agreements’, ‘compromise agreements’, or ‘termination agreements’, a settlement agreement records
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Stress, Disability and Discrimination under Irish Employment Law
Introduction to Stress and Disability Caselaw A recent case was decided by the Labour Court, which examined whether stress could amount to a ‘disability’ for the purposes of the Employment Equality Acts. Background The employee was a Personnel Manager in one of the employer’s stores and was a longstanding employee. This case was an appeal
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