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Case Law

This section includes summaries of important recruitment related cases, specifically relating to pre-employment medical examinations as well as discrimination during the recruitment process.

Legislation

A number of Acts, Treaties and Regulations govern how companies recruit their employees. In this section, you will find guidance on legislation relating to recruitment.

FDI HR Forum

The FDI HR Forum meets quarterly and provides companies in the food and drink sector with an opportunity to discuss industrial relations and human resources issues, receive specialised information and updates relevant to the employment relationships for the sector and network with industry peers.

Award of 3000 for civil servant who used a shed for breastfeeding purposes

A civil servant was recently awarded €3,000 by the Workplace Relations Commission (WRC) after claiming that no appropriate breastfeeding facilities were provided to her by her employer upon her return to work following maternity leave. The employee claimed that this along with other issues amounted to discrimination based on her gender under the Employment Equality Act 1998 [ADJ-00016513]

The Protected Disclosures Act 2014 - 2022

Protected Disclosures are mainly governed by the Protected Disclosures Act 2014, the Protected Disclosures (Amendment) Act 2022 as well as the Code of practice on Protected Disclosures Act 2014 (Declaration) Order 2015. The legislation gives guidance on how an employer should deal with a protected disclosure. Depending on the industry, there may be other sector specific protected disclosures legislation that an employer may have to comply with in addition to the above mentioned legislation.

Key takeaways for employers from restaurant treatment of tips case

In the case A worker v A Hotel, ADJ-00046780 highlights the importance of adhering to the governing provisions outlined in the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022, and of ensuring that all employees who are part of that cohort of staff eligible to receive tips, in either cash or electronic format, receive a fair portion of all tips accumulated.

Diversity and inclusion strategy

A Diversity and Inclusion Strategy sets out a company's Diversity and Inclusion goals and objectives. The value of a Diversity and Inclusion Strategy is creating a shared commitment, vision and direction towards making the workplace more diverse and inclusive.

Acting up arrangements in the workplace considerations under employment law

The concept of ‘step up’ or ‘acting up’ is where employees of temporary basis take on a role with a higher responsibility. Such arrangements are common and used to, for example, cover absences, fill interim gaps or during periods of organsiation change. From an employer’s perspective, such arrangements ensure continuity in operations, facilitate talent development by providing employees with a leadership experience and are cost-effective when compared to external hiring. From an employee’s perspective, they can assist with, for example, career advancement and skill development. This article will address key considerations of such arrangements as they apply to the private sector. Organisations in the public sector should also consult departmental policies and circulars for guidance.

CEOs Remain Optimistic Despite Geopolitical Uncertainty

Ibec, the group representing Irish businesses, has released its annual CEO survey, revealing that CEOs in Ireland remain largely optimistic about the broader business environment, in line with expectations for 2024.

February 24, 2025

New Chair of Prepared Consumer Foods announced

Kieran Conroy, Managing Director for Nestlé Ireland has been announced as the new Chair of the Prepared Consumer Foods (PCF) Council. 

February 20, 2023