ANSWERS TO QUESTIONS ON LABOUR LAW

Leesha Foley

QUESTION 1

• PAYMENT OF WAGES ACT 1999

• REDRESS:- DEPT OF ENT., TRADE & EMPLOYMENT

• EMPLOYER MUST GIVE WRITTEN NOTICE OF INTENTION TO DEDUCT FROM WAGE SLIP (at least one week)

• MUST BE FAIR

QUESTION 1 (CONT)

• IF IN HER CONTRACT OF EMPLOYMENT - BREAKAGES = O.K.

• IF HER EMPLOYER SACKS HER FOLLOWING THE COMPLAINT, SHE WILL NOT BE ABLE TO RELY ON THE UNFAIR DISMISSALS LEGISLATION

• (She has less than one years service)

QUESTION 2

• Safety, Health & Welfare at Work Act 1989• Redress = Trade Union/H & S Authority• It is in the employers interest to reduce the risk of

injury (Safety Statement- identify hazard)• supply ladders/lifting equipment/training• place heavy loads - not lifted down

QUESTION 3

• There is no right in legislation for an employee to be paid while off work sick, OR COMPASIONATE LEAVE

• Redress = Unless stated in her contract of employment

• Parental Leave Act ( close family)• force majeure leave (3 days in 12 months - entitled

to be paid) (injury/illness - not death)

QUESTION 3 (Cont)

• Ann has no entitlement to time off to visit a friend

• she is not entitled to be paid for time off to attend the funeral (unless stated in contract)

QUESTION 4

• Maternity Protection Act 1994• Required to give 4 weeks written notice of

her intention to return to work• Sheila has no case - could ask a rights

commissioner for help if there was reasonable grounds for her failure to give notice - child sick

• 26 weeks paid - 16 weeks unpaid

QUESTION 4 (CONT)

• BETH IS ENTITLED TO AN ADJUSTMENT IN HER HOURS IN ORDER TO BREAST FEED OR WHERE BREASTFEEDING FACILITIES ARE PROVIDED, SHE IS ENTITLED TO BREASTFEEDING BREAKS

QUESTION 4 (CONT)

• Entitled without loss of pay to take 1 hr from her work each working day as a breastfeeding break;:-

• 1 – 60 minute break

• 2 – 30 minute break

• 3 - minute break

• Or as agreed by her and her employer

QUESTION 5

• Carer’s Leave Act 2001

• He can take annual leave in the same year as carer’s leave, only the 1st 13 weeks spend on carer’s leave count toward entitlement and what ever hours he has clocked up to the end of the year

• redress - rights commissioner

QUESTION 5 (continued)

• Carer’s Leave Act 2001

• John’s employer is incorrect.

• John can take 130 weeks carers leave, as both his parents reside together.

QUESTION 5 (continued)

• Entitlement to carers leave

• completed 12 months continuous service.

• Employee may;

• attend an educational/training course

• engage in self employment

QUESTION 5 (continued)

• In own home -

• employed outside home - 10 hrs per week - approved by social welfare.

• Max earnings - €150 per week

QUESTION 5 (continued)

• Carers Allowance - means tested

• < 66 = €200.00 - Child dep. €22.00

• > 66 = €

• long term payment for carers on low income

QUESTION 5 (continued)

• Carers benefit

• Prsi based

• €200.70 - dep. Child €22.00

• paid up to 15 months

• Respite Grant €1,500

QUESTION 6

• Under the new provisions in the maternity act, Thomas is entitled to paid leave at attend the last 2 ante-natal classes.

QUESTION 7

• Unfair Dismissals Act

• Gerry is working less than 1 year - cannot bring unfair dismissal case - however this rule does not apply for trade union membership (page 49)

• Redress = Rights Commissioner or Employment Appeals Tribunal

QUESTION 8

• Children & Young Persons Act 1986 (p26)• Owner = incorrect - can employ her to do light

work during school holidays - 8hrs max per day - 35 hrs per week (8 am - 8 pm)

• 21 days break from work during summer holidays

QUESTION 9

• Terms of Employment Acts 1994 + 2001 (p9)• Written contract within 2 months of starting• showing calculation of pay, hrs of work• overtime, paid leave etc• Flexible - should be in contract• Redress = Rights Commissioner

QUESTION 9 (cont)

• If dismissed for not working Saturdays - he should bring and unfair dismissals case

• sample written statement of terms of employment in booklet

QUESTION 10

• The company can only request the doctor to report any issue of a medical nature that could impact on a negative way on his ability to perform his duties -

• health and safety• cannot predict the future - he might develop

aids.

QUESTION 10 (continued)

• If he is refused promotion because he suffers from HIV, - discrimination!

• Employment Equality Act.

QUESTION 11

• Employment Equality Act 1998• Carol has been denied training because of her

marital status

• Redress = Complain to the Director of Equality Investigations

• Resignations/dismissals = Labour court

QUESTION 12

• The Juries Act 1976 requires an employee who is called for jury service to be given time off to attend court. The employee is entitled to be paid.

QUESTION 13

• Yes.• Force Majeur leave allows paid leave for

urgent family reasons in cases of sickness or accident of a close relative that made the presence of the employee indispensable.