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
Employment
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
New EU rules setting out the employment rights of gig economy workers have been agreed and will come into force in around two years' time.
Stakeholder views on the taxation of share-based remuneration in Ireland are being sought in a new consultation. The consultation, which will run until 22 January 2024, seeks views on how Ireland’s share-based remuneration environment is operating for all users, how its use can support economi
English law firm Leigh Day has launched a group legal claim against ride-hailing app FREENOW, owned by BMW Group and Mercedes-Benz Mobility, alleging unlawful treatment of its private hire drivers. The firm, which previously brought a successful claim against Uber, argues that FREENOW private hire d
A new statutory entitlement to domestic violence leave has come into effect. Under the Work Life Balance and Miscellaneous Provisions Act 2023, anyone experiencing or at risk of domestic violence will be entitled to take five days' leave in order to access supports. They will also be entitled to ful
RDJ partner Michelle Ryan examines the first WRC ruling on statutory sick pay under legislation which came into force this year. Employers and employment practitioners have eagerly awaited a first decision under the new Sick Leave Act 2022 which has been in force since January 2023. The decision in
Seamus McGranaghan, director at O'Reilly Stewart Solicitors, considers the risks for Northern Ireland employers ahead of Christmas party season. As employees begin to look forward to Christmas parties with colleagues, the banter that goes with the festive season is usually taken as part and parcel o
Specialist boutique employment law firm McInnes Dunne Murphy LLP has appointed Jane Babb as a consultant and Fiona Sharkey as a senior associate. Ms Sharkey joins from one of the biggest Irish law firms, where she trained and practised as an employment solicitor for eight years. She advises on the f
The Supreme Court has confirmed that that a five-point test applies in respect of identifying whether contracts are ‘contracts of service’ or ‘contracts for service’. Delivering judgment for the Supreme Court, Mr Justice Brian Murray cautioned that the judgment did not bind a