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Overview
The weather in Ireland can pose a significant risk for businesses and their employees. Irish communities have faced several extreme weather events in the recent past
Is your business HR ready for Christmas 2020?
Christmas is approaching fast. Invariably businesses have a long list of HR matters to deal with before the end of the year. Performance appraisals, bonus eligibility rules and dealing with a slew of annual leave requests are just some of tasks on the HR agenda at this time of year. It is worthwhile considering some dos and don'ts of the holiday season to avoid the pitfalls.
WRC decision confirms retail worker who exhausted his entitlement under company sick pay scheme had no right to Statutory Sick Pay
The introduction of Statutory Sick Pay in 2023 has been a challenge for some employers for a variety of reasons, none more so than the requirement for employers to determine whether its company sick pay scheme is more favourable than the Statutory Sick Pay scheme. Under Section 9 of the Sick Leave Act 2022, a company can be regarded as exempt from providing Statutory Sick Pay where its own sick pay scheme is “on the whole more favourable” than the entitlements under Statutory Sick Pay.
A sustainable future for irish retail
This strategy comes at a time of economic uncertainty. Cost-ofliving concerns are clouding the shortterm consumer outlook. At the same time, the retail sector is going through a period of enormous change. Accelerated digital transformation, the need to adapt to address pressing environmental concerns and the emergence of labour and skills shortages are shaping future plans.
Tackling the career break penalty
Navigating the hiring process for those returning after a career break can be tricky. Read more from Career Returners on how employees, managers and businesses can overcome the career break penalty.
Labour Court affirms matters agreed through mediation cannot form the basis of subsequent claims
The Mediation Process Mediation forms a key part of Ireland’s third party industrial relations framework. In most cases, where an individual submits a claim for adjudication by the Workplace Relations Commission they may opt in the first instance to take part in mediation with the party against whom the claim has been made. This is facilitated by the Workplace Relations Commission’s mediation services. Section 39 of the Workplace Relations Act 2015 states the following regarding mediation agreements: (7) The terms of a resolution referred to in subsection (4) shall not be disclosed by a mediation officer or by either party to the complaint or dispute concerned in any proceedings before a court (other than proceedings in respect of the contravention of the terms of the resolution), or otherwise. (8) All communications (including communications during a mediation conference) by a mediation officer with the parties to a complaint or dispute referred for resolution under this section to him or her and all records and notes, including records and notes relating to a mediation conference held for the purposes of resolving any matter to which the complaint or dispute concerned relates, shall be confidential and shall not be disclosed in any proceedings before a court (other than proceedings in respect of a contravention of the terms of a resolution referred to in subsection (4) ), or otherwise. Simply put, mediations are confidential, and the terms of a resolution shall not be disclosed by either party nor can they form the basis of any legal claim except where there is an alleged contravention of the terms of the resolution. Where a contravention of the agreement is alleged, this can only be heard by the civil courts. The Case In the initial WRC case (ADJ-00046539), the Claimant (the employee) had engaged in mediation with the Respondent (the employer) and agreed to the terms of a resolution. However, the Claimant asserted that alleged violations of her employment rights could not be investigated due to the mediation agreement, and that the Respondent was using the agreement as a shield to stop investigation into her complaints. The Complainant submitted that the Mediation Agreement should be revisited and opened up because she had lacked representation in concluding the Agreement. As the Respondent did not offer the Complainant legal representation, the Complainant argued that she did not have the benefit of independent advice. The Complainant said she signed the Agreement without knowing the consequences, and that she would be prejudiced by signing. The Respondent argued that the Mediation Agreement is binding on the parties and both parties are precluded from disclosing its terms in any proceedings, other than proceedings in respect of a contravention of the terms of the agreement. The complaints concerned either the terms of the mediation agreement or matters that were the subject of a previous WRC case which was compromised and settled between the parties. The Respondent asserted that the Complainant could not choose to breach the terms of the mediation agreement and open the agreement to pursue these complaints before the Workplace Relations Commission. The Adjudication Officer in the WRC found that they did not have jurisdiction to hear the claims as they were the subject of mediation agreement and therefore could not be disclosed or form the basis of a claim. This was subsequently reaffirmed by the Labour Court (EDA2452). Key Takeaways These cases are instructional in how the WRC mediation works and the confidentiality associated with agreements which arise from the medication process. A fundamental principle of mediation generally, and one that is reflected in section 39 of the 2015 Act, is the confidentiality of the mediation process; this is not confined to the mediation agreement but extends to the mediation meeting, communications during the meeting, communications by a Mediation Officer with the parties and all records and notes also.
Overview
From time to time, issues and incidents will arise that may affect the normal operation of businesses. Business continuity planning is important in the context of a variety of different situations where unforeseen and unplanned events may result in employee absence.
Overview
Remote working is defined as where some – or all – of the work ordinarily carried out by an employee at an employer’s place of business, is provided for and carried out at another location to that place of business, without change to the employee’s ordinary working hours or duties. R