Terry Gorry The question of what is a “work practice” and what is a contractual term of the employment contract is an important one, for both employees and employers alike. Because the employer can change a work practice unilaterally. For example changing a break from 10 am to 11 am. But a contractual entitlement or term cannot … Read more
Can we be honest? Constructive dismissal cases are difficult to win because the burden of proof is on the employee to prove that she had no other option but to resign due to the unreasonableness of the employer. The January, 2013 decision of the Employment Appeals Tribunal in the case of Daniel O’Gorman v Glen … Read more
The Protection of Employment Acts, 1977 to 2007, applies to employers who normally have more than 20 employees and must be followed by these employers when carrying out a programme of collective redundancies. The acts, and various regulations, set out the procedure that must be followed by these companies. Collective redundancies are defined in S.I. … Read more
It’s an easy mistake to make, you know. You might be a data controller. Let me explain. Everyone has strong rights when it comes to the data that is held on them thanks to the Data Protection Acts. And it is up to the data protection commissioner to ultimately uphold those rights if they are breached by the … Read more
Many employers believe, wrongly, that they can easily dismiss an employee once they are still within the probationary period. This is mistaken. Even employees on probation are entitled to natural justice and fundamentally fair procedures. While the employee may not have the necessary service (12 months) to avail of the protection of the Unfair Dismissals … Read more