Work 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 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
Read MoreSick Leave and Medical Certification
1. Introduction Section 8(1)(b) of the Sick Leave Act 2022 provides that, to qualify for statutory sick leave payment, the employee must be certified by a registered medical practitioner as being unable to work due to illness or injury. The medical certification requirement is a substantive condition of entitlement. This article addresses the medical certification
Read MoreProtected Disclosures and the Whistleblowing Directive
1. Introduction Directive 2019/1937 on the protection of persons who report breaches of Union law (the Whistleblowing Directive) sets out a minimum harmonised regime for the protection of whistleblowers across the EU. Article 21 of the Directive sets out the substantive protections to which reporting persons are entitled. This article addresses the Article 21 protections,
Read MoreProtected Disclosures and Relevant Wrongdoings
1. Introduction Section 5(3) of the Protected Disclosures Act 2014 sets out the categories of wrongdoing that may be the subject of a protected disclosure. Identifying the relevant wrongdoing is the gateway question in any protected disclosure complaint. A disclosure that does not fall within Section 5(3) is not protected; a disclosure that does fall
Read MoreProtected Disclosures and Regulated Sectors
1. Introduction The Labour Court decision in Financial Services Union v Hanna PDD201 is a useful illustration of the application of the protected disclosure regime in the financial services sector. The case addresses the relationship between regulatory disclosures and protected disclosures and the scope of the Section 12 protections in a regulated environment. This article
Read MoreProtected Disclosures and Detriment
1. Introduction The case of A Massage Therapist v A Massage Therapy Business (ADJ-00043225) is a useful illustration of the operation of the detriment provisions under Section 12 of the Protected Disclosures Act 2014. The case addresses the relationship between the disclosure and the detriment and the application of the burden of proof. This article
Read MoreProtected Disclosures and Compensation
1. Introduction Schedule 2 to the Protected Disclosures Act 2014, as amended by the 2022 Act, sets out the forms of penalisation prohibited by Section 12. The Schedule is comprehensive and includes both formal and informal forms of detriment. This article addresses the operation of the Schedule and the compensation available for breach. The article
Read More