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Dismissal of Employee on Long Term Sick Leave

A Postman v A Postal Service, ADJ-00004485 This case demonstrates the lengths an employer must go to in order to successfully defend an unfair dismissal case for termination of employment of an employee on long term sick leave. In a decision published in March 2017,...

Workplace Bullying and Harassment in Ireland in 2017

Workplace bullying and harassment has received a root and branch assessment by the Supreme Court in the recent decision of Ruffley v The Board of Management of St. Anne’s School. The Ruffley decision is a watershed development in the history of the legal treatment of...

The use of private investigators in an employment context

The question of the use of private investigators often arises in an employment context, whether during the course of defending personal injuries proceedings, investigating potential abuse of sick leave or time and attendance policies by an employee or other internal...

Love at Work in the Digital Age

Love at Work in the Digital Age When love at work works … and what HR Professionals need to know when it doesn’t Who knows when Cupid’s arrow will strike? Will it strike though the means of a work device or an online dating service that gauges an employee’s best match...

Toolkit: How to deal with workplace absences

Pre Employment checks Do you carry out pre-employment medicals during the interview process and before an offer of employment is made to ensure that the employee is fit for the role? Do you use pre-employment medical questionnaires? If so, are they in line with Irish...

Suspension of an Employee Pending an Investigation

The question of suspension of an employee pending an investigation of a complaint/allegation is one which frequently arises for employers. The recent judgements in the High Court in The Governor and Company of the Bank of Ireland v Reilly [2015] IEHC 228 and in the...

Workplace Relations Act 2015 – Key Points to Note

The 2015 Act commenced on 1 October 2015. Its aim is to provide for the streamlining of mechanisms and making it more user friendly by creating a simpler two tier structure, with the WRC dealing with complaints in the first instance and the Labour Court dealing with all cases on appeal from the WRC.

Dismissal for Incapacity

Dismissals for reasons of incapacity are under review in light of recent developments regarding the accrual of annual leave during sick leave. Employers are now weighing up the additional expense of having to pay annual leave for an employee who is on long term sick leave in addition to other financial considerations that may arise.