Month: July 2020
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Calculating Hours Worked for Banded Hours Contracts-Is Annual Leave to Be Counted?
This case, between a ground staff member and an airline, turned on the question of how you are expected to calculate the hours worked for the purposes of awarding an employee a banded hours contract. The employee had been placed on a banded hours contract pursuant to the Employment (Miscellaneous Provisions) Act 2018. Section 16…
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High Court Orders 6 Months’ Salary Payment In Probation Dismissal Case
The High Court has issued a decision in a case involving a dismissal from the employment during probation that should be a warning for employers. Background Donal O’Donovan, the chief financial officer (CFO), was dismissed in January 2020 by Over-C Technology, his employer, and confirmed this decision 10 days later. Mr O’Donovan issued High Court…
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Illness benefit for Covid 19 absences from the workplace
Did you know that there is an enhanced illness benefit payment available for Covid 19 related absences? When does it apply? When a person has been told to self-isolate by a doctor or the HSE, or when they have been diagnosed with the coronavirus. The illness benefit claim must be submitted online with a certificate…
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€65,000 Termination Payment to Employee Not Exempt from Tax-Tax Appeals Commission Decides
Imagine this. You receive €65,000 on the termination of your employment, and you believe it is tax free. Then, the Revenue Commissioners come calling and they claim the payment is taxable. And they decide that, yes, it is taxable and raise an estimate for the taxation. Lately, I have a lot of employees coming to…
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Employee paid in lieu of notice-when did employment end for unfair dismissal purposes?
If you are unfairly dismissed and you are paid in lieu of notice when does your employment end? When you have been given the notice and payment, or when the notice period would have expired? This is of huge significance because if you want to bring a claim for unfair dismissal, for example, you need…