Terms of Employment and the De Minimis Rule
1. Introduction The Labour Court in Andrejs Jirgens v C&D Foods Ireland Limited applied a de minimis rule to a complaint under the Terms of Employment (Information) Act 1994. The Court held that minor or technical breaches that have not caused any actual prejudice to the employee may not attract compensation. This article considers the
Read More
Terms of Employment and the Day Five Statement
1. Introduction Since the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. 686 of 2022), employers must provide each new employee with a written statement of core terms within five days of commencing employment. The remaining terms must be provided within one month. In Doyle v Astronomy Ireland the WRC awarded €2,153.88 to
Read More
Terms of Employment and Record Keeping
1. Introduction Section 3(5) of the Terms of Employment (Information) Act 1994 requires employers to retain a copy of the written statement provided to each employee for the duration of the employment and for one year after termination. This article considers the record-keeping requirement, its interaction with data protection law, and the practical implications of
Read More
Terms of Employment and Notification of Changes
1. Introduction Section 5 of the Terms of Employment (Information) Act 1994 requires that any change to the particulars provided under Section 3 be notified to the employee in writing within one month of the change taking effect. The obligation applies whether the change is a unilateral employer decision, a negotiated variation, or a statutory
Read More
Terms of Employment and Continuing Contraventions
1. Introduction A persistent failure to provide a written statement of terms gives rise to a continuing contravention of the Terms of Employment (Information) Act 1994. This affects the calculation of the cognisable period for complaints and may extend the period for which compensation is available. In Ryan v Smart School Accounting Ltd the WRC
Read More
Minimum Notice and the Thirteen Week Threshold
1. Introduction Section 4 of the Minimum Notice and Terms of Employment Act 1973 requires thirteen weeks’ continuous service before statutory notice is payable. This is the lowest service threshold of any major employment statute and gives substantial protection at the early stage of employment. This article considers the calculation of the thirteen-week period, its
Read More
Minimum Notice and Statutory Notice
1. Introduction Section 4 of the Minimum Notice and Terms of Employment Act 1973 establishes the statutory minimum notice periods that an employer must give to an employee on termination of employment. The notice period varies with length of service, from one week for 13 weeks’ to two years’ service, up to eight weeks for
Read More
Minimum Notice and Probationary Periods
1. Introduction The interaction between probationary periods and the statutory notice framework has been clarified by recent WRC decisions. In Gourley v Mason Hayes & Curran LLP the WRC considered whether a probationary employee with thirteen weeks’ service was entitled to statutory notice. This article considers the threshold for statutory notice during probation, the interaction
Read More
Minimum Notice and Payment in Lieu
1. Introduction Pay in lieu of notice is permitted under Section 7 of the Minimum Notice and Terms of Employment Act 1973, but only where the contract provides for it or the employee consents. Where pay in lieu is given, it must be calculated by reference to normal weekly remuneration including all regular components of
Read More
Minimum Notice and Continuous Service
1. Introduction Continuous service is the foundation of the statutory notice framework. The First Schedule to the Minimum Notice and Terms of Employment Act 1973 sets out detailed rules on what counts as continuous service, including the effect of absences, transfers between associated employers, and re-employment after dismissal. This article considers the rules on continuous
Read More
