Terry Gorry

Vaccinations in the workplace, returning to work and related issues

Many employers are frustrated by the legal advice that they are not permitted to enquire about the vaccination status of their employees. This is the legal position, and it arises from a couple of sources: The Office of the Data Protection commissioner has indicated that this type of data, being health data, is in a …

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Employee or Self Employed? New Code of Practice on Determining Status of Worker 2021

Whether a person is considered to be an employee or self-employed is of vital importance when it comes to employment law, taxation, social welfare benefits, etc. For example, you cannot win a claim for unfair dismissal if you were not actually an employee. There is a new Code of Practice for giving guidance on the …

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Employees’ right to claim redundancy restored from 30th September 2021

From 30th September 2021 employees will have the right to claim redundancy from their employer restored. This right was suspended in March 2020 as part of the State’s measures to deal with the Covid 19 pandemic. The State was fearful that a tsunami of redundancies were possible when many businesses were forced to lay employees …

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Reporting of Accidents in the Workplace-the Legal Obligations

Many accidents in the workplace must be reported to the Health and Safety Authority, as provided for in the SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) (AMENDMENT) (NO. 3) REGULATIONS 2016. What must be reported are Accidents and Dangerous occurrences Workplace accidents So, which accidents must be reported? Where an employee dies as a …

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Employee Ticked Wrong Box on WRC Online Claim Form-Could His Case for Constructive Dismissal Be Heard?

The case of Eddie Byrne versus Secto Services Limited is a constructive dismissal case that is worth a close review. Firstly, the employee, Eddie Byrne, ticked the wrong box on the WRC online complaint form. He intended to bring a claim for constructive dismissal but did not tick the unfair dismissal box, he ticked the …

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