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Apr 16, 2024 | 
mondaq.com | Kevin Langford |Séamus Given |Sarah Lawn |Cian Beecher
The Labour Court recently considered whether the "seamless
transition" of an agency worker, from his assignment at a
client site to direct employment by the client, meant he had
sufficient continuity of service to take an unfair dismissal claim
when he subsequently failed probation and was dismissed.
Paul Sheehan ("PS") was an employee
of employment agency Kelly Services Ltd (the
"Agency").
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Mar 21, 2024 | 
mondaq.com | Séamus Given |Kevin Langford |Cian Beecher |Louise O'Byrne
On 6 March 2024, the Supreme Court, in judgments handed down by
the Chief Justice, Hogan J and Murray J, has fundamentally changed
the approach which the High Court should take in considering any
application for an interlocutory injunction so as to restrain
picketing and industrial action which is sanctioned or supported by
a trade union.
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Mar 19, 2024 | 
mondaq.com | Séamus Given |Kevin Langford |Cian Beecher |Louise O'Byrne
Our Employment Group outlines two important upcoming appeals
before the Supreme Court.
In October 2023, the Supreme Court granted the applicant school
board of management (the "Board") leave
to appeal an earlier High Court decision. The Supreme Court's
determination is available
here.
Background
In July 2023, the Board lost its High Court appeal against a
decision of the Labour Court.
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Mar 14, 2024 | 
lexology.com | Séamus Given |Kevin Langford |Cian Beecher |Louise O'Byrne
On 6 March 2024, the Supreme Court, in judgments handed down by the Chief Justice, Hogan J and Murray J, has fundamentally changed the approach which the High Court should take in considering any application for an interlocutory injunction so as to restrain picketing and industrial action which is sanctioned or supported by a trade union.
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Mar 13, 2024 | 
mondaq.com | Louise O'Byrne |Kevin Langford |Cian Beecher |Séamus Given
The Employment (Collective Redundancies and Miscellaneous
Provisions) and Companies (Amendment) Bill 2023 (the
"Bill") proposes amendments to the existing collective
redundancy regime in insolvency situations. If enacted, the Bill
will deliver on key Programme for Government commitments detailed
in the Plan of Action – Collective Redundancies
following Insolvency.
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Feb 27, 2024 | 
mondaq.com | Séamus Given |Kevin Langford |Cian Beecher |Louise O'Byrne
Does an employee's right to silence in the context of a
criminal investigation or criminal procedures permit them to refuse
to comply with the directions of their employer?
This was the primary question before the High Court in
Electricity Board Supply v Kieran Sharkey [2024] IEHC 65.
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Feb 1, 2024 | 
mondaq.com | Louise O'Byrne |Séamus Given |Kevin Langford |Cian Beecher
Issues relating to the use and dependency of intoxicants, both
in and outside the workplace, remains a prevalent issue for
employers. We revisit some of the primary considerations from an
employment law and health and safety perspective when navigating
these complex issues.
Intoxicants are defined in the Safety, Health and Welfare at
Work Act 2005 (the "Act") as
"alcohol and drugs and any combination of drugs or of
drugs and alcohol".
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Jan 24, 2024 | 
mondaq.com | Kevin Langford |Séamus Given |Cian Beecher |Louise O'Byrne
The Government recently published its
Spring Legislative Programme for 2024. In this briefing, we
highlight some of the legislation for publication and
prioritisation, as well as other bills which are expected to be of
relevance to employment law matters.
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Jan 22, 2024 | 
mondaq.com | Kevin Langford |Séamus Given |Cian Beecher |Louise O'Byrne
In November 2023, the Government published the revised and
updated
Statutory Guidance for Public Bodies and Prescribed Persons to
assist them in the performance of their functions under the
Protected Disclosures Act 2014 (as amended). Our November briefing
is available here. In this follow up briefing we set out a
detailed overview of the Guidance.
The Protected Disclosures Act 2014 was amended from 1 January
2023 by the Protected Disclosures (Amendment) Act 2022 (the
"Amendment Act").
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Jan 18, 2024 | 
mondaq.com | Kevin Langford |Séamus Given |Cian Beecher |Louise O'Byrne
Regulations have been published setting out new "on the
spot" fines that can be imposed on employers by a Workplace
Relations Commission ("WRC") inspector
for employment law offences.
The Workplace Relations Act 2015 (Fixed Payment Notice)
Regulations 2023 (the "Regulations")
which were published on 12 January 2024, consolidate new and
existing fixed payment notices for employment law offences.
