Entitlement to Maternity Leave A pregnant employee is entitled to leave, (maternity leave), from her employment for a period (the minimum period of maternity leave) of not less than 26 consecutive weeks. Part may be postponed. The Minister may by order, made with the consent of the Minister for Social and Family Affairs and the […]
Maternity Discrimination Pregnancy may raise issues of equality and discrimination in employment. Discrimination on the grounds of sex or gender is unlawful. Discrimination specifically includes less favourable treatment of a woman on account of pregnancy or maternity leave. Failure to employ a person due to the possible effect on the employer of pregnancy and maternity […]
Entitlement to Paternity Leave An employee who is a qualifying parent in relation to a child is entitled to 2 weeks’ leave from his or her employment, known as “paternity leave”, to enable him or her to provide, or assist in the provision of care to the child or to provide support to the relevant […]
Persons Entitled to Parental Leave Employees and certain others are entitled to parental leave rights. An “employee” for this purpose means a person employed under a contract of service or apprenticeship. The following are deemed to be employees for the purpose of parental leave; a person places by an employment agency who personally performs any […]
EU Directives I The Parental Leave Act 1998, as amended by the Parental Leave (Amendment) Act 2006, governs parental leave. It implements EU Directives. The legislation provides for unpaid leave of up to 18 weeks in total. A revised Directive on Parental Leave took effect in March 2012. The Directive seeks to promote equal opportunities […]
Overview of Carer’s Leave Carers leave is governed by the Carer’s Leave Act 2001 as amended in 2006. Carers leave may be available to an employee with over 12 months’ service. Up to 104 weeks’ carers leave may be taken to look after an ill or incapacitated person, while preserving a right to return to […]
Overview I Adoptive leave is broadly similar to maternity leave. The legislation applies to domestic adoptions and adoptions from abroad. The principal entitlement is to take leave of a minimum of 24 weeks from the date the placement for adoption. An employee is entitled to take up to 16 additional weeks’ adoptive leave after termination […]
Equal Remuneration The Employment Equality Act, 1998 (as amended) incorporates two key implied terms into contracts of employment in relation to gender equality. One term requires equal pay, and the other term requires equal treatment. The right to equal pay covers all types of remuneration, including direct and indirect benefits, in cash or in kind. […]
Dismissal Dismissal means the termination of the employment contract, whether or not a proper notice was given. A person is generally dismissed where he is unequivocally told that his employment is at an end or the circumstances make this abundantly clear that this so. An employee’s repudiation of the contract is likely to be deemed […]
REAs Registered Employment Agreements apply automatically to all the relevant group or type of employees in the sector, job type and grade to which they apply. The terms of a registered employment agreements in relation to pay and conditions of employment are incorporated in employees’ contracts, of employees to whom it is subject. A registered […]
Grievances and Discipline The WRC and the courts are concerned principally with the fairness of workplace procedures. They do not generally seek to examine grievances, complaints and disciplinary action on their merits. Many, if not most unfair dismissals arise by reason of the failure of the employer to afford fair procedures. The Labour Relations Commission’s […]
Overview of Unfair Dismissal The Unfair Dismissals Act 1977 introduced a statutory right not to be unfairly dismissed. The right is not enforced by the courts and does not form part of the employment contract as such. The Act created a separate right to complain to either the Rights Commissioners Service or the Employment Appeals […]
Misconduct Conduct, or more correctly misconduct, is a potentially fair ground for dismissal. Conduct may relate to a single incident or to a series of incidents or circumstances over time. As in other areas, the bona fide opinion of the employer will generally be respected by the WRC, provided that fair and proper procedures have […]
Capability or competence The absence of competence, qualification or capability are potentially fair grounds for dismissal. The WRC does not second guess the employer in determining whether the employee lacks the requisite competence, qualification or capability. If a reasonable employer would reach this conclusion, and the employer honestly believes it, this will generally suffice for […]
Potentially Fair Grounds for Dismissal There are a number of potentially fair grounds for dismissal. It is not sufficient that the employer labels one of the ground as applicable. The application of the ground in the circumstances must be real and substantial. In addition, the employee must have been afforded fair procedure in relation to […]
Remedies for Unfair Dismissal At common law, the remedies available for wrongful dismissal are very limited. The majority of employees may have their employment contract terminated by the minimum notice period. This has the effect that even where there has been a breach of contract, the level of compensation available will be minimal. The Unfair […]
Overview A “wrongful” dismissal refers to the termination of an employment contract, in breach of its terms. Wrongful dismissal claims are taken in the Civil Courts, in common with other breaches of contract claims. In the case of the vast majority of employees, their employment contract may be terminated by relatively short notice. Under contract […]
Constructive Dismissal Under general contract law, the innocent party is entitled to terminate a contract where there is a fundamental breach by the other party, “going to the root” of the contract. One instance of a fundamental breach is where one party communicates to the other, that he does not intend to be bound by […]
Pre-trial Injunctions An Injunction may be granted at an early stage in proceedings to preserve the status quo until the full hearing / trial. A one-sided or so-called ex-parte application may be made without notice to the other side. They are granted only where exceptional circumstances necessitate a pre-emptive one-sided application. More commonly a pre-trial […]
Damages Principles The key principle of compensation is that the claimant should be put into the position in which he would have been, but for the breach, in so far as money can so do. This is limited by the principle of causation and the principle that loss must be such that it was or […]