Redundancy and Suitable Alternative Employment
1. Introduction The treatment of offers of suitable alternative employment in the redundancy context is a recurring source of dispute. The case of A Bartender v A Bar and Restaurant Owner (ADJ-00020568) is one of a number of decisions illustrating the WRC’s approach to this question. The framework draws on the English case of Cambridge
Read MoreRedundancy and Statutory Lump Sum
1. Introduction The statutory redundancy lump sum under Section 7(2A) of the Redundancy Payments Act 1967 is the principal financial protection for employees dismissed by reason of genuine redundancy. The calculation is mechanical but operates within a complex framework of qualifying conditions, service calculation, and pay calculation. This article addresses the framework for the calculation
Read MoreRedundancy and Section 39 Disputes
1. Introduction Section 39 of the Redundancy Payments Act 1967 provides for the resolution of disputes about the right to a redundancy payment by reference to the WRC. The provision is the principal route for the determination of redundancy payment claims and is supplemented by the procedural framework of the Workplace Relations Act 2015. This
Read MoreRedundancy and Section 24 Time Extension
1. Introduction The case of A Deli Assistant v A Sandwich Shop (ADJ-00027111) is a useful illustration of the operation of the time extension provision under Section 24 of the Redundancy Payments Act 1967. The provision allows the WRC to extend the standard 52-week time limit for redundancy payment claims where reasonable cause is shown.
Read MoreWork Life Balance and Remote Working
1. Introduction The Work Life Balance and Miscellaneous Provisions Act 2023 introduced a statutory right to request remote working, alongside other work-life balance entitlements. The right to request is significant but procedural: it does not confer a right to remote working as such, but rather a right to make a structured request and to have
Read MoreWork Life Balance and Flexible Working
1. Introduction The case of Heather Farrell v Salesforce.com Ireland Limited (ADJ-00052842) is a leading early decision on the right to request flexible working under the Work Life Balance and Miscellaneous Provisions Act 2023. The decision addresses the procedural requirements imposed on employers and the scope of the Adjudication Officer’s jurisdiction. This article addresses the
Read MoreWork Life Balance and Domestic Violence Leave
1. Introduction Section 8 of the Work Life Balance and Miscellaneous Provisions Act 2023 introduces a statutory right to paid domestic violence leave. The provision is a significant social policy innovation, providing protected leave and continuity of income for employees experiencing domestic violence. This article addresses the domestic violence leave entitlement, the qualifying conditions, the
Read MoreRedundancy and Lay Off and Short Time
1. Introduction The provisions of the Redundancy Payments Act 1967 relating to lay-off and short time give employees a route to redundancy payment where their work has substantially diminished but their employment has not formally been terminated. The provisions operate as a protective measure against extended periods of reduced or no work. This article addresses
Read MoreRedundancy and Lawful Process
1. Introduction The case of Tracey Ring v Student Facilities & Services (UCC) DAC T/A Unisalon (ADJ-00037197) is widely regarded as the modern canonical statement of the requirements for a lawful redundancy process under the Redundancy Payments Acts 1967 to 2014 and the Unfair Dismissals Acts 1977 to 2015. The Adjudication Officer’s decision sets out
Read MoreSick Leave and Statutory Entitlement
1. Introduction The Sick Leave Act 2022 introduced, for the first time, a statutory right to paid sick leave in Ireland. The Act provides for a phased introduction of statutory sick pay, with entitlement of three days in 2023, increasing to five days in 2024, seven days in 2025 and ten days in 2026. This
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