Working Time and Records
1. Introduction Section 25 of the Organisation of Working Time Act 1997 requires employers to maintain records of working hours, rest breaks and annual leave. Section 25(4) provides that where an employer fails to keep records, the onus is on the employer to prove compliance with the working time provisions. This article considers the record-keeping
Read More
Payment of Wages and Holiday Pay
1. Introduction Holiday pay falls within the definition of “wages” under the Payment of Wages Act 1991 and may be the subject of a Section 5 complaint. While the substantive entitlement to annual leave arises under the Organisation of Working Time Act 1997, the failure to pay holiday pay that is properly payable engages the
Read More
Working Time and Public Holidays
1. Introduction Section 21 of the Organisation of Working Time Act 1997 confers entitlements to ten public holidays each year. Employees who work on a public holiday, or who do not work because the day falls on a non-working day, are entitled to one of several specified benefits at the employer’s election. This article considers
Read More
Payment of Wages and Discretionary Bonuses
1. Introduction Discretionary bonuses occupy a contested space in Irish employment law. A bonus that is described as discretionary in the contract may nonetheless become “properly payable” under Section 5 of the Payment of Wages Act 1991 if the employer has fettered its discretion through consistent practice or contractual representation. In Vithaldas v UCC Academy
Read More
Payment of Wages and Commission
1. Introduction Commission is a frequent source of Payment of Wages complaints. Commission schemes vary widely in their terms: some are wholly discretionary, others are payable on completion of defined milestones, and many are subject to claw-back or forfeiture clauses on termination. This article considers how the WRC analyses commission disputes, applying the Balans framework,
Read More
Working Time and On-Call Time
1. Introduction On-call time presents a complex question under the Organisation of Working Time Act 1997. The Court of Justice has held that on-call time spent at the workplace counts as working time, while “standby” time at home may or may not count depending on the constraints imposed. In Beirne v Health Service Executive the
Read More
Outstanding Wages on Employer Insolvency under the Protection of Employees (Employers’ Insolvency) Act 1984
1. Introduction Where an employer becomes insolvent, employees may face the loss of unpaid wages, holiday pay, statutory minimum notice and other entitlements. The Protection of Employees (Employers’ Insolvency) Act 1984, as amended, establishes a statutory scheme through which the Social Insurance Fund will, in certain circumstances, pay arrears owed by an insolvent employer. This
Read More
Working Time and Night Workers
1. Introduction Section 16 of the Organisation of Working Time Act 1997 provides protections for night workers, who are defined as employees who normally work at least three hours of their daily working time between midnight and 7 am. This article considers the maximum working time for night workers, the health assessment requirements, and the
Read More
Notice Pay Disputes under The Payment of Wages Act 1991
1. Introduction Notice pay is a frequent subject of Payment of Wages complaints. Where an employee is dismissed without proper notice, or where pay in lieu of notice is not paid in full, the employee may bring a complaint under Section 5 of the 1991 Act in addition to any complaint under the Minimum Notice
Read More
Final Pay and Termination Settlements under the Payment of Wages Act 1991
1. Introduction The final pay calculation on termination of employment commonly gives rise to disputes. Outstanding salary, accrued but untaken annual leave, pay in lieu of notice, deferred bonus and commission, and benefit-in-kind reconciliations all fall within the definition of wages under the Payment of Wages Act 1991. This article considers the principal elements of
Read More
