The termination of employment is a complex legal area and can be a hazardous one for employers and HR professionals to navigate. This title clearly explains the legal aspects of employment termination, dealing with the notice that must be given, the forms that need to be filled out, the various options open to claimants and the penalties for non-compliance.
The Third Edition considers key decisions including:
- Zalewski v Adjudication Officer [2021] IESEC 24
- Minister for Justice, Equality and Law Reform v the Commissioner of an Garda Siochana [2017] IESC 43
- Grenet v Electronic Arts Ireland Ltd [2018] IEHC 786
- Baranya v Rosderra Irish Meats Group Ltd [2020] IEHC 56
The book guides you through important developments to employment law in Ireland, such as the changes brought in by the Workplace Relations Act 2015 and the Workplace Relations (Miscellaneous Provisions) Act 2021.
A new chapter dealing with the Protected Disclosures Act 2014 (whistleblowing legislation) is also included.
This title is included in Bloomsbury Professional's Irish Employment Law online service.
Auflage
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-5265-2450-8 (9781526524508)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Alastair Purdy is a solicitor and senior counsel. He is Managing Partner at Alastair Purdy & Co., Solrs, a leading business law firm that specialises in employment law. He is one of Ireland's leading employment law specialists, having held senior HR positions across a range of industries and setting up his own legal practice in 2006, which offers a unique blend of practical and legal advice to employers. Alastair practises in the area of dispute resolution and advises on unfair dismissals, equality/discrimination, occupational stress, health and safety, corporate governance, trade disputes, industrial relations and general litigation. He is also the author of Equality Law in the Workplace, which is published by Bloomsbury Professional.
Autor*in
Alastair Purdy & Co. Solicitors, Ireland
Chapter 1: The Institutional Framework
Rights Commissioner
Employment Appeals Tribunal
Equality Tribunal
Labour Court
National Employment Rights Authority
Circuit Court
High Court
Practical Issues for Employers to consider in respect of each Forum
Chapter 2: Minimum Notice and Terms of Employment Acts 1973-2005
Purpose
Application
Notice Period
Continuous Service
Computable Service
What Constitutes Pay?
Notice to Employers
Waiver and Payment in Lieu of Notice
No Entitlement to Notice
Minimum Notice and the Payment of Wages Act 1991
Leave and Minimum Notice
Extending the Notice Period
Rights and Duties of Employees During the Notice Period
Notice must be Specific
Withdrawal of Notice
Disputes and Redress
Wrongful Dismissal and Notice
Minimum Notice and Redundancy
Minimum Notice in Practice
Chapter 3: Unfair Dismissal
Preliminary Requirements
Exclusions
Onus of Proof
Unfair Dismissals
Dismissals in accordance with Acts other than the Unfair Dismissals Act
Fair Dismissals
Constructive Dismissal
Surveillance of Employees/use of Private Investigators
Importance of Procedures
Reasonableness of the employer's decision
Resignation Followed by Unilateral Withdrawal
Remedies
Compensation
Unfair Dismissal in Practice
Forms
Chapter 4: Fair Procedures and Natural Justice: Investigations and Disciplinary Hearings in the Workplace
Procedural Fairness
Investigations
Distinction Between Informal and Formal Investigation
Independent Investigators
Disciplinary Hearings
Chapter 5: Redundancy
Statutory Definition of Redundancy
Entitlement to a Redundancy Payment
Disentitlement to a Redundancy Payment
Calculation of Statutory Entitlement
Collective Redundancies
Redundancy and Unfair Dismissal
Practical Considerations
Chapter 6: Taxation of Lump Sum Payments
Introduction
Part I Taxation of Lump Sums (excluding Settlements and Awards payable in Employment Cases)
Lump Sum Payments exempt from Tax
Lump Sum Payments that qualify for Tax Relief
Available Tax Relief
Taxation of Lump Sums by Employers
Time Limits for claiming Tax Reliefs
Part II Taxation Exemption for Settlements and Awards in Employment Cases
Introduction
Exemption
Practical Advice for Employers
Part III Tax Treatment of Legal Fees in Employment Cases
Payment by an Employer of Legal Fees in Disciplinary or similar Investigation Cases where Employment has not been terminated
Payment by an Employer of Legal Fees in Disputes concerning Employees or Directors where Employment has been terminated
Chapter 7: Wrongful Dismissal and the Employment Injunction
Introduction
Wrongful Dismissal and Unfair Dismissal
Wrongful Dismissal and the Industrial Relations Acts
The Employment Injunction
Interlocutory Injunctions in Employment Cases - Their Development
When will an Employment Injunction be granted?
When will an Injunction not be Granted?
Practical Considerations - Proceedings for Injunctive Relief
Chapter 8: Discriminatory Dismissal and Dismissal and the Employment Equality Legislation
Introduction
Employment Equality Acts 1998 and 2004
Prohibition of Discrimination
Sexual Harassment and Harassment
Victimisation
Vicarious Liability
Practical Considerations
Chapter 9: Dismissal and Employer Insolvency
Introduction
Purpose of The Insolvency Act
Insolvency Legislation
What Employees are covered?
Employee Entitlements
Payment
Employer Insolvency in Practice
Chapter 10: Protected Disclosures [NEW CHAPTER]
