Terms of Employment Cases

1. Introduction Section 9 of the Protection of Employees (Part-Time Work) Act 2001 prohibits less favourable treatment of part-time employees in respect of their conditions of employment, compared with comparable full-time employees. The provision is the central substantive protection in the Act and gives effect to clause 4 of the Part-Time Work Framework Agreement annexed

Introduction In Gillian Dunne v Teroboc Operations Limited t/a Kinnitty Castle Hotel (ADJ-00041511), it was held that the reduction in hours of work, on foot of the particular requirements of the complainant, coupled with the operational requirements of the respondent, did not amount to a breach of the contract of employment.   The complainant commenced

Introduction An interesting case was recently decided wherein the Workplace Relations Commission (WRC) found that an employee, Amy Farrell, could not bring a complaint against An Garda Siochana under Section 14 of the Protection of Employees (Fixed Term Work) Act, 2003 (see Amy Farrell v An Garda Síochána ADJ-00036366).  By way of background, Ms Farrell

Introduction Ordinarily, when one business acquires another, inheriting those employees, the employees can look forward to certain protections preventing the “new” employer from unilaterally changing their terms and conditions of employment. A recent decision of the Workplace Relations Commission (WRC) examined the extent to which a “new” employer could, potentially, change the working terms and

Introduction A contract of service typically refers to the existence of a typical employer-employee relationship. A contract of service itself, is more commonly known as a contract of employment.  A contract of service refers to the provision of a service by one party to another, without the existence of an employer-employee relationship. Under a contract

Self-employment Law Resources: Employed or Self-employed? Determining Employment Status Self-Employment under Irish Law Worker or Self Employed – The Uber Judgment Self-employment Law Solicitor Legal Definition of ‘Employee’ The legal definition of what constitutes an employee varies, depending on the piece of legislation being relied upon. Virtually all employment legislation refers to an employee as

Can an employee be dismissed for starting another business? An employee may be dismissed for starting a new business if the contract of employment with the existing employer specifically states that during the period employment, the employee will devote the whole of their time and attention to the business of the company and/or that they

When an employee is on ‘loan’ to a company, who is responsible for that employee? When an employee is on ‘loan’ or secondment to another company, the company with which the employee maintains a contract of employment is ultimately responsible to that employee for any infringement of their employment law rights. This does not mean

Can a part time employee be forced to work full time? Ordinarily, no. A part time employee is usually entitled to remain a part time employee on the hours for which they were originally contracted. The contract of employment may contain a clause which refer to the amendment of working terms and conditions, but it