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Author Archive | olwensmith


Employing Seasonal Workers – What You Need to Know

As the Christmas season is nearing, many employers engage in employing seasonal workers to provide additional support to deal with the Christmas rush. The benefit of seasonal workers is that they are there for the busy times and in January when things take a natural slow down their contact is concluded. There are many pros and cons of hiring seasonal workers, however we are more interested in protecting your business […]

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Upcoming Irish Employment Legislation

Given how swiftly Irish employment legislation can change, employers may find that what they were doing yesterday is no longer permissible today. Ireland has now set in place a substantial body of employment legislation and as our obligations continuously develop and alter it is vitally important that all employers keep on top of upcoming Irish employment legislation proposals and developments. We consider these below. Acts: Public Service Management (Recruitment and […]

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Can A Dismissal Be a Fair Dismissal?

In the world of employment law we sometimes lose sight of the fact that not every dismissal is an unfair dismissal. Each and every day there is some employee somewhere who has engaged in a singular act or multiple acts over time that justifies there dismissal. Equally, there are some employees out there who have been dismissed who don’t deserve to be dismissed in the circumstances. Finally there are those […]

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How to Deal with a Negative Employee in the Workplace

Negative employees or general negativity in the workplace can have a substantially adverse effect on the business, especially when the negativity spreads throughout the workforce. The negativity can lead to a widespread feeling of discontent which can damage morale, job satisfaction and disrupt staff. All of this can lead to reduced productivity, efficiency and ultimately profitability as employees lose energy and focus on their performance and work. Therefore, it is […]

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Absenteeism Around St. Patrick’s Day

St. Patrick’s Day is imminently approaching and while the festivities are eagerly anticipated by many, the day after can often present a headache for employers. This year St. Patrick’s Day falls on a Monday which for many employers will continue to be a normal working day so it is important to maintain normal productivity levels where possible and take necessary steps to deal with those employees who don’t turn up […]

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Join us for a Free Business Support and Networking Breakfast

The Dublin Business Club would like to extend a warm welcome as we invite you to join us for breakfast at our complimentary business support and networking breakfast event. This is a fantastic opportunity for you to meet with other key decision makers from businesses in Ireland and discuss common issues facing employers today. Networking Breakfast The business support workshop will cover a number of helpful subjects that really matter […]

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Employment Law, Health and Safety Workshop

Protect your business from costly litigation. This fast paced workshop, specifically designed for Business Owners, Directors and business decision makers, is full of useful information, tips and advice on how to assist you in understanding your obligations as an employer. What you will learn…. How to ensure Health & Safety and Employment Law compliance Relevant, commercial advice for all business industries and sizes Recent and upcoming legislation  changes Tips to avoid costly claims […]

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Landmark Cases: McGrath v Trintech – Stress Management

The case of Sutherland -v- Hatton [2002] EWCA Civ 76 involved four employees, three of whom successfully argued stress against their employers, and in the determination the Court set down 16 “Golden Rules” which employers must follow to combat stress in the workplace. Stress Management In the case of McGrath -v- Trintech, this is one of the first Irish cases where the courts have given strong credence to these rules […]

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Employment Law and Health & Safety – [Event]

Ireland’s ever changing economic climate means that many businesses are facing tough, new challenges. That often means spending more and more time concentrating on core activities, and less on things like compliance. The danger, however, is if you don’t keep up to date with current legislation then your business could be vulnerable. Learn how to reduce risk You are invited to a complimentary seminar by the country’s leading Employment Law […]

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Bullying in the Workplace: The Perils of Not Dealing with it

An incident of bullying can be as difficult matter for an employee to raise and can be just a difficult for an employer to investigate. Dealing with two conflicting stories, interviewing witnesses and to ascertain whether or not, on the balance of probabilities, the behaviors complained of occurred. Here are the perils of not dealing with bullying in the workplace. An employer can have a lot to take in and deal […]

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Employees Sent to Prison – Dealing with Frustration of Contract

What happens if an employee is sent to prison when in employment? Do you keep their job open? Do you terminate their employment? It is not as clear cut as you may think and employer must be very careful when moving forward on something such as this. Employees Sent to Prison We will first look at a recent EAT case (UD396/2012) where an employee was sent to prison for 10 months and […]

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Smokers Cost Employers

As reported by Radio Station Newstalk, staff who smoke cost companies thousands of euro more to employ. That is according to new research featured in the British Medical Journal. It shows that an average employee who smokes costs around €4,600 more a year than a non-smoker due to time off, smoking breaks and healthcare costs. Smokers cost employers The research has been published online by US researchers in the Tobacco […]

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Mental Health in the Workplace

Mental health in the workplace is becoming more and more of a hot topic in Irish HR and employment law discussions. Through medical research it has been identified that the issue of mental health is becoming an ever-increasing problem amongst Irish employees and that, unfortunately, there appears to be little information for employers out there to help combat this problem. This is a concern as not only can this lead […]

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Cake Resignation Letter

In one of the most original methods of resigning an employee is the UK has tendered his resignation by spelling it out on a cake; Yup, a Cake Resignation Letter. As reported by RTE Chris Holmes, 31, from Cambridgeshire told bosses he wanted to focus on his cake business full-time after recently becoming a father. “I now realise how precious life is and how important it is to spend my […]

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Employee Throws Stapler at their Manager…Still Receives €25,000

In a case that brilliantly illustrates the need for fair procedures, and basic employment documentation in any employment relationship, an employee was awarded €25,000 following dismissal for a series of allegations, one of which was employee throws stapler at their manager. Employee Throws Stapler at their Manager…Still Receives €25,000 The case (UD211/2011) concerns a Pharmaceutical chain where an employee was a Counter Assistant and was dismissed following a disciplinary hearing […]

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Newstalk’s Off the Ball Resignation

Newstalk’s Off the Ball Resignation: The shock departure of the award-winning ‘Off the Ball’ team from Newstalk’s 7.00pm to 10.00pm slot has left many wondering what happened or how did it come to this, however there are some key points to be aware of when looking at the situation, and seeing where to now for Eoin McDevitt, and his four colleagues – Ken Early, Ciaran Murphy, Mark Horgan and Simon Hick. The […]

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Aftermath of KPMG Girl Video Can Be a Lesson To Employers

Aftermath of KPMG Girl Video Can Be a Lesson To Employer. Reported in the Journal, KPMG have asked staff to warn them of any ‘inappropriate coverage’ they may receive on the Internet. This comes in the wake of the now infamous KPMG Girl YouTube video (which has since been removed) where a young girl in one of Dublin’s late night fast food restaurants repeatedly shouts at onlookers that her father is a partner in KPMG. […]

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Redundancy: The Do’s and Don’ts

Unfortunately in December and January there tends to be a surge in the number of redundancies being carried out, due to poor trading conditions or in an effort to balance a budget in the lead up to a new year. With the decline of the Celtic Tiger and the prolonged recessionary period it is safe to say that the majority if not all businesses have had to cut costs and […]

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Employee cited for “Uncontrollable Flatulence” in the workplace

A Social Security Administration worker has been cited by his superiors for ‘conduct unbecoming a federal officer,’ relating to his “Uncontrollable Flatulence” in the workplace. In a story on the Daily Mail Online the Maryland man, 38, was reportedly hit with a five-page reprimand Dec. 10 that included a meticulously crafted log of specific dates and times when coworkers observed – or overheard – him ‘releasing the awful and unpleasant odor’ […]

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No proof of social networking comments made by employee

When looking to use any social networking evidence in a disciplinary hearing an employer must be completely sure that the evidence presented is correct if they are looking to base any disciplinary outcome on this. In the case of Azad -v- Tesco Ireland Limited UD2311/2010 the employer was bringing an employee to disciplinary for failure to follow instructions and making threats to staff members. Amongst the allegations was also assertion that […]

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