Covid-19 Irish Law | Specialist Workplace Solicitors
The Safety, Health and Welfare at Work Act sets out the health and safety requirements in the workplace. Section 8 provides the general duty to ensure ‘so far as is reasonably practicable, the safety, health and welfare at work of his or her employees.’
The health and safety duties imposed on the employer and employee are an implied term in every contract of employment. Through the contract of employment, employers and employees are bound to comply with the statutory regime and relevant health and safety policies.
As an infectious disease, Covid-19 constitutes a biological hazard. When there is a conflict, the duties of both employer and employee arising from the Safety, Health and Welfare at Work Act, and any underpinning health and safety principles, will need to be examined.
The WRC recently found that the requirement that an employee attend the workplace without significant consideration of the elimination of Covid-19 risk, could amount to a repudiation of the employment contract, by the employer.
Crushell & Co is a boutique law firm offering bespoke employment law advice. We advise employers and employees on all aspects of Irish employment law. We have extensive experience in advising clients on every aspects of the employment relationship, from recruitment to retirement, remuneration to redundancy and workplace disputes to dismissal. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.
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