Work Life Balance and Domestic Violence Leave
1. Introduction Section 8 of the Work Life Balance and Miscellaneous Provisions Act 2023 introduces a statutory right to paid domestic violence leave. The provision is a significant social policy innovation, providing protected leave and continuity of income for employees experiencing domestic violence. This article addresses the domestic violence leave entitlement, the qualifying conditions, the
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Redundancy and Lay Off and Short Time
1. Introduction The provisions of the Redundancy Payments Act 1967 relating to lay-off and short time give employees a route to redundancy payment where their work has substantially diminished but their employment has not formally been terminated. The provisions operate as a protective measure against extended periods of reduced or no work. This article addresses
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Redundancy and Lawful Process
1. Introduction The case of Tracey Ring v Student Facilities & Services (UCC) DAC T/A Unisalon (ADJ-00037197) is widely regarded as the modern canonical statement of the requirements for a lawful redundancy process under the Redundancy Payments Acts 1967 to 2014 and the Unfair Dismissals Acts 1977 to 2015. The Adjudication Officer’s decision sets out
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Sick Leave and Statutory Entitlement
1. Introduction The Sick Leave Act 2022 introduced, for the first time, a statutory right to paid sick leave in Ireland. The Act provides for a phased introduction of statutory sick pay, with entitlement of three days in 2023, increasing to five days in 2024, seven days in 2025 and ten days in 2026. This
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Redundancy and Genuine Redundancy Situation
1. Introduction The threshold question in any redundancy complaint is whether a genuine redundancy situation existed within the meaning of Section 7(2) of the Redundancy Payments Act 1967. Where no such situation existed, the dismissal cannot be saved by Section 6(4)(c) of the Unfair Dismissals Acts 1977 to 2015 and is liable to be found
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Sick Leave and Medical Certification
1. Introduction Section 8(1)(b) of the Sick Leave Act 2022 provides that, to qualify for statutory sick leave payment, the employee must be certified by a registered medical practitioner as being unable to work due to illness or injury. The medical certification requirement is a substantive condition of entitlement. This article addresses the medical certification
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Redundancy and Calculation
1. Introduction The calculation of the statutory redundancy payment is, in principle, a mechanical exercise: two weeks’ pay per year of service, plus a bonus week, subject to the weekly pay cap. In practice, the calculation gives rise to recurring issues of detail that can produce material differences in the final figure. This article addresses
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Protected Disclosures and the Whistleblowing Directive
1. Introduction Directive 2019/1937 on the protection of persons who report breaches of Union law (the Whistleblowing Directive) sets out a minimum harmonised regime for the protection of whistleblowers across the EU. Article 21 of the Directive sets out the substantive protections to which reporting persons are entitled. This article addresses the Article 21 protections,
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Collective Redundancy and the Protection of Employments Acts
1. Introduction The Protection of Employment Acts 1977 to 2014 establish a particular framework for collective redundancies, supplementing the individual protections under the Redundancy Payments Acts and the Unfair Dismissals Acts. The framework imposes obligations on employers in respect of consultation, notification, and the timing of dismissals where the proposed redundancies meet the collective threshold.
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Protected Disclosures and Relevant Wrongdoings
1. Introduction Section 5(3) of the Protected Disclosures Act 2014 sets out the categories of wrongdoing that may be the subject of a protected disclosure. Identifying the relevant wrongdoing is the gateway question in any protected disclosure complaint. A disclosure that does not fall within Section 5(3) is not protected; a disclosure that does fall
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