New protections for employees in a collective redundancy situation following their employer's insolvency have come into effect today. The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024, which also provides for the establishment of a new statutory
Employment
Kane Tuohy employment lawyer Triona Cody welcomes a ruling from the Supreme Court on mandatory retirement ages in a case brought by a sheriff who sought to continue in the role past the age of 70. The recent Supreme Court decision in Seamus Mallon v The Minister for Justice, Ireland, and The Attorne
Barry Crushell examines a case highlighting the very difficult hurdles employees often face in bringing claims of constructive dismissal. The case of Mark Lowry v JJ Fleming and Company Limited (ADJ00036677) examines the burden of proof issues that often arise in constructive dismissal claims. Uniqu
New legislation is to expand access to the Insolvency Payments Scheme to protect employees of employers who cease trading without entering into liquidation, receivership or bankruptcy. The general scheme of the Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2024 also proposes
Business leaders must quickly get to grips with coming changes to employment permit legislation to avoid facing costly fines and other penalties, Fragomen Ireland has said. The Employment Permits Bill, which is expected to soon become law, will make a number of changes to how businesses can attract
The Irish government is wrong to insist that primary legislation will not be necessary to fully transpose a new EU directive on adequate minimum wages, the Labour Party has warned. Aodhán Ó Ríordáin, the party's TD for Dublin Bay North and Dublin candidate for the Europea
Revenue has published new guidance on determining employment status for tax purposes in the wake of a landmark Supreme Court decision. In a lengthy judgment in the case of The Revenue Commissioners v Karshan (Midlands) Ltd. t/a Domino's Pizza [2023] IESC 24, the court ruled last October that Domino'
The Workplace Relations Commission (WRC) recovered nearly €2 million in unpaid wages last year, an increase of 39 per cent on the previous year, according to new figures. The WRC's annual report for 2023 reflects on "another busy year" where "demand and output has continued to increase", with s
Mason Hayes & Curran partners Elizabeth Ryan and Melanie Crowley consider the trend towards large compensation awards for dismissal. The Workplace Relations Commission (WRC) has continued its streak of record-breaking awards of compensation for dismissal.
European trade unions and employers' organisations are being consulted on the possibility of new EU rules on remote working and the 'right to disconnect'. The first-stage consultation of European social partners launched by the European Commission this week follows a vote by MEPs in 2021 which calle
Anthony Fay considers the evolution and current trends in employment contracts. A 1980s brick phone wouldn't cut the mustard now in the high-octane environment of the corporate world. Contracts of employment are no different and need to keep pace with legislative changes, otherwise there could be se
A man who was forced to retire at the age of 66 has settled a discrimination claim with assistance from the Irish Human Rights and Equality Commission. The man brought a claim under the Employment Equality Acts after his employer of more than a decade made him retire on reaching the age of 66. He ha
The UK's lack of legislation protecting striking workers from disciplinary sanctions short of dismissal is in breach of the European Convention on Human Rights, the UK Supreme Court has unanimously ruled. Trade union UNISON brought the case on behalf of care worker Fiona Mercer, who was suspended by
William Fry lawyers Ian Devlin and Richard Smith examine proposals to give employees a right to work until the State pension age. The government recently published the general scheme of the Employment (Restriction of Certain Mandatory Retirement Ages) Bill 2024.
Planned increases to workers' annual entitlement to paid sick leave could be postponed by the government, according to reports. The Sick Leave Act 2022 introduced a statutory right to paid sick leave for the first time and was meant to be phased in from 2023 to 2026.