Employment Law
Employment Law has changed dramatically in recent years. Employees have been given greatly enhanced rights and protections in the workplace. Legislation has been introduced to ensure that employees are treated fairly and equally. Discrimination and harassment are outlawed. Basic working conditions and minimum wage levels have been prescribed. Employees are entitled to information and consultation. Family and personal circumstances are recognised and provided for.
Many disputes can be resolved through mediation, however most complaints, disputes and grievances are heard before a Rights Commissioner or before the Employment Appeals Tribunal. Some cases are brought before the Labour Court. Claims under equality legislation are heard by the Equality Tribunal.
Various other options exist such as judicial review, injunctive relief to restrain dismissal, and enforcement of contractual rights through the Courts.
At O’Donnell McKenna we provide advice on:
- Employment contracts
- Industrial Relations
- Unfair and Wrongful Dismissal
- Rationalisation and redundancy
- Employee equality issues
- Bullying and harassment
- Disciplinary and grievance procedures
- Ongoing Employment Law advice
The following is a summary of the legislation that has been introduced in recent years concerning employment protection:
1. Employees (Provision of Information and Consulation) Act 2006
Introduces requirements for employees' right to information and consultation about the development of their employment's structure and activities. From 4 September 2006 it applies to employers with at least 150 employees, from 23 March 2007 to those with 100 employees and from 23 March 2008 to those with at least 50 employees.
2. Safety, Health and Welfare at Work Act 2005
Consolidates and updates existing health and safety law.
3. Maternity Protection (Amendment) Act 2004 .
Improvements to previous maternity protection legislation including new provisions relating to ante-natal classes, additional maternity leave, breastfeeding, reduction in compulsory period of pre-birth confinement, etc.
4. Equality Act, 2004 .
Amends the Employment Equality Act, 1998 with features such as providing for extension of the age provisions of that Act to people under the school leaving age (from 16) and those over 65 years. It also amends the Equal Status Act, 2000 to extend the definition of sexual harassment and shift the burden of proof from the complianant to the respondent.
5. Protection of Employees on Transfer of Undertakings Regulations 2003.
This legislation applies to any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger. Employees rights and entitlements are protected during this transfer.
6. Protection of Employees (Fixed Term Work) Act 2003
This legislation protects fixed-term employees by ensuring that they cannot be treated less favourably than comparable permanent workers and that employers cannot continually renew fixed term contracts.
7. Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations, 2001.
The main purpose of this EU Regulation is the requirement by employers to keep a record of the number of hours worked by employees on a daily and weekly basis, to keep records of leave granted to employees in each week as annual leave or as public holidays and details of the payments in respect of this leave. Employers must also keep weekly records of starting and finishing times of employees.
8. Protection of Employees (Part-Time Work) Act, 2001
It aims to improve the quality of part-time work, to facilitate the development of part-time work on a voluntary basis and to contribute to the flexible organisation of working time in a manner that takes account of the needs of employers and workers. It guarantees that part-time workers may not be treated less favourably than full-time workers.
9. Carer's Leave Act, 2001
Employees may avail of temporary unpaid carer's leave to enable them to care personally for persons who require full-time care and attention.
10. National Minimum Wage Act, 2000
Set national minimum wage level.
11. Employment Equality Act, 1998
Prohibits discrimination on grounds of gender, marital status, family status, age, race, religious belief, disability, sexual orientation and membership of the Traveller community. Also prohibits sexual and other harassment.
12. Parental Leave Act, 1998
Provides for a period of unpaid parental leave for parents to care for their children and for a limited right to paid leave in circumstances of serious family illness (force majeure).
13. Organisation of Working Time Act, 1997
Regulates a variety of employment conditions including maximum working hours, night work, annual and public holiday leave.
14. Protection of Young Persons (Employment) Act, 1996
Regulates the employment and working conditions of children and young persons.
15. Adoptive Leave Act, 1995
Provides for adoptive leave from employment principally by the adoptive mother and for her right to return to work following such leave.
16. Terms of Employment (Information) Act, 1994
Requires employers to give their employees information on such matters as job description, rate of pay and hours of work.
17. Maternity Protection Act, 1994
Deals with maternity leave, the right to return to work after such leave and health/safety during and immediately after the pregnancy.
18. Unfair Dismissals Act, 1993
Updates unfair dismissals law and amends previous legislation dating from 1977.