Legal News (Employment Law)

The enactment of the Workplace Relations Bill, which comes into effect on 1 October 2015, represents a welcome and substantial overhaul of the current system for the resolution of employment disputes in Ireland. Breda O’Malley outlines some of the key reforms.

Many working parents look to use statutory parental leave to take time off during the school summer holidays to mind their children, particularly when the kids are of national school going age. Indeed working parents often have little option but to seek this leave given the high cost of childcare in Ireland and the lack of any real affordable short-term childcare options.

Employers need to be wary when imposing conditions on an employee’s entitlement to a bonus. While it is common for bonus schemes to be conditional upon various factors such as performance, attendance or disciplinary record, employers could find themselves in breach of equality legislation if these conditions could amount to discrimination.

A recent judgment highlights the importance of framing a complaint to ensure it relates to a contravention which occurred within the relevant time period prior to its referral to the Rights Commissioner.

The “black hole” in many private pension schemes, when taken with the fact that people are living longer, means that it is now a reality that many people will seek to work beyond the traditional retirement age of 65. In these circumstances, what right does an employee have to break the grey ceiling and continue working into his or her golden years?

In a recent decision involving a Special Needs Assistant (SNA) in a National School, who made a claim of bullying and harassment treatment against her employer, the Board of Management of St. Anne’s School, the High Court found against the employer and awarded €255,276 for damages and loss of earnings.