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Tag: Employment Law (Page 1 of 2)

Public Holidays 2024

There are ten public holidays in 2024. When a public holiday arises every employee is entitled to a paid day off on the day of the holiday, unless the employer decides to treat it as a normal working day. If the employer decides not to allow the public holiday or if the holiday falls on a day that is not a normal working day (such as a weekend), the employer may elect to give the employee either:

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Employment Law: Enhanced Protections for Breastfeeding Workers, Parents and Carers

The Work Life Balance and Miscellaneous Provisions Act 2023 was signed into law on 4th April last, with the provisions to take effect upon Commencement Orders as signed by the Minister. The new rights under the Act include:

  • A right for parents of under 12s and carers to request flexible working;
  • A right to five days leave each year (unpaid) for personal care for serious medical reasons for parents or family carers;
  • A right to request remote working;
  • A right to five paid days leave each year for victims of domestic violence;
  • An extension of the right to paid breastfeeding breaks  from six months to two years.
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Employment Law Guide: Constructive Dismissal

Constructive Dismissal is where the employee leaves his or her role as the employer has made it untenable for him or her to continue working.

There is a high threshold for an employee to prove their case. The employee must first have put the employer on notice of his or her dissatisfaction by way of the grievance procedure, in writing. He or she must then await the outcome of any investigation. If the situation remains intolerable, he or she can resign their role and make a claim under Section 2 of the Unfair Dismissals Act. It would be unwise of any employee to resign their role in such circumstances without first taking legal advice.

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Employment Law Guide: Bullying and Harassment at Work

No employer wants to learn that one of their employees is experiencing bullying or harassment at work. Workplace bullying is a health and safety issue and employers have a duty to provide a safe place of work. The consequences of failing to so provide can be extreme; ranging from lost productivity to reputational damage to high staff turn-over to civil liability for personal injuries or constructive dismissal. Continue reading

Employment Law Guide: Health and Safety at Work

The Safety, Health and Welfare at Work Act 2005 as amended provides that employers must

  • Do all that is reasonably practicable to ensure the safety, health and welfare of their workers
  • Manage and conduct work activities (including behaviors at work) so as to avoid a risk to their workers
  • Plan and maintain a safe system of work
  • Plan and maintain a safe workplace including all equipment
  • Prevent known risks
  • Provide personal protective equipment where it is needed
  • Provide training in the relevant language

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Employment Law Guide: Collective Redundancy

A collective redundancy arises when the employer intends to make redundant the roles of a large number of employees. This can arise where the business is shutting down or where the employer has decided to carry on with a reduced number of employees. Unfortunately, given the pandemic-related stresses on businesses, we can expect to see more collective redundancies as businesses succumb to the pressures. Continue reading

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