The UK government is taking action against unscrupulous employers who use controversial ‘fire and rehire’ practices. Dismissal and re-engagement, also known as ‘fire and rehire’, refers to when an employer fires an employee and offers them a new contract on new, often less fa
Employment
The High Court has determined that an employee was entitled to refuse to answer his employer’s questions whilst a criminal investigation was ongoing, but that entitlement would cease when the criminal investigation ended or if the plaintiff could establish that its interest in the performance
Barry Crushell examines a recent case concerning the dismissal of a pregnant employee. The case of Ms Abbie Walsh v Soraghan Auto Retail Limited T/A Sandyford Motor Centre (ADJ00045841) examines the circumstances under which the dismissal of a pregnant employee will be deemed to amount to a form of
Ian McFarland, partner at Eversheds Sutherland Belfast, writes on the restoration of the Northern Ireland Assembly at long last. After nearly two years, we welcome a reformed legislative Assembly. In amongst it all, this is a significant development for employers, employees, and us lawyers alike.
Workers and business owners have been invited to share their views on the legislation protecting tips and gratuities. The Payment of Wages (Amendment) (Tips and Gratuities) Act 2022, which came into effect on 1 December 2022, requires a statutory review to be undertaken after one year to assess its
HR professional Audrey Cahill has been appointed as director-general of the Workplace Relations Commission (WRC). Ms Cahill, who previously served as a WRC board member from 2015 to 2021, has over 20 years' experience across all aspects of HR, particularly in the areas of strategic change and transf
As mergers, acquisitions and strategic representation arrangements have altered the Irish legal scene, the Big Four accountants haven’t been slow to see the opportunity to transform themselves from audit firms to multidisciplinary professional services operations. Having made their first foray
Global law firm Eversheds Sutherland has appointed employment law specialist Marie Claire Scullion as a partner in the firm's commercial department in Dublin. Ms Scullion, who brings over 18 years' experience, provides strategic and practical advice to domestic and international clients on all aspec
Kane Tuohy managing partner Cómhnall Tuohy and trainee solicitor Jim Gibbons consider a recent case on retirement and discrimination. In Thomas Doolin v Eir Business Eircom Limited ADJ-00045261 the complainant, Mr Doolin, brought a complaint to the Workplace Relations Commission (WRC) un
Barry Crushell examines the circumstances under which a redundancy payment would ordinarily be payable to an agency worker. The case of Amanda Craddock v Head-Hunt International Limited (ADJ00036831) examines the circumstances under which a redundancy payment would ordinarily be payable to an agency
There is no constitutional bar to the introduction of a statutory framework and protections for collective bargaining, according to new research by the Irish Human Rights and Equality Commission. Ireland is currently an outlier among European countries in not protecting an entitlement to engage in c
Plans for the "largest ever" expansion of Ireland's employment permits system have been set out. From the start of 2024, 11 roles will be added to the critical skills occupations list and 32 roles made eligible for a general employment permit, while the salary requirement for most general employment
The High Court has refused the appeal of a firefighter from a Labour Court decision upholding the adjudicating officer’s decision that the firefighter was not working during his ‘on standby’ periods. Delivering judgment for the High Court, Mr Justice Anthony Barr found that the Lab
The High Court has refused to grant injunctive relief restraining the dismissal of a recruit prison officer arising from a discovery of plastic bags which tested positive for cocaine in his training accommodation. Delivering judgment for the High Court, Mr Justice Rory Mulcahy determined: “Com
The Labour Court wrongly dismissed a claim made against the Irish Prison Service by a black prison officer who was racially abused by prisoners, the High Court has ruled. Ms Justice Miriam O'Regan last week ruled that the Labour Court had reached "effectively a bald conclusion without an expression