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Introduction Dismissal is the most consequential decision an employer can take in respect of an employee, and it is the decision most likely to be tested — retrospectively, and in detail — before the Workplace Relations Commission (“WRC”) or the Labour Court. The existence of a genuine ground for dismissal, whether misconduct, capability, redundancy or…
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Introduction A request for reasonable accommodation places an employer at the intersection of two legitimate, and sometimes competing, interests: the operational and financial requirements of the business, and the statutory rights of an employee with a disability. The recurring analytical error is to treat the request as a binary question — can the accommodation be…
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A workplace complaint — however it is initially characterised by the parties — is rarely a purely internal HR matter. Allegations of bullying, harassment, discrimination, misconduct, conflicts of interest or breaches of policy carry latent legal significance from the moment they are raised, because the manner in which an employer responds to them may later…
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The threat of proceedings before the Workplace Relations Commission (“WRC”) is not an event to be met with reflexive reassurance or dismissed as an idle grievance. Whether the underlying complaint concerns a contested dismissal, an allegation of discrimination, or a claim of bullying or harassment, the manner in which a business conducts itself in the…
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A probation period gives an employer an opportunity to assess whether a new employee is suitable for the role. During this time, a business may evaluate performance, conduct, attendance, skills and the employee’s overall suitability for the position. However, probation does not mean that an employer can dismiss an employee without considering the legal consequences.…
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An employee grievance can be difficult for any business to manage. What may begin as a complaint about a manager, colleague, working conditions or workplace treatment can develop into a formal employment dispute if it is not handled appropriately. For Cork employers and businesses across Munster, the challenge is often knowing how seriously to treat…
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For employers, a disability-related workplace issue can quickly become more than an HR matter. A request for reasonable accommodation may affect an employee’s duties, attendance, performance or working arrangements. In more serious cases, it may arise alongside long-term sickness absence, capability concerns or a proposed dismissal. For a Cork employer or Munster business, getting the…
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Managing long-term sick leave can be one of the more difficult employment issues facing an employer. A prolonged absence can affect staffing, workloads and business continuity, particularly for small and medium-sized businesses. For employers in Cork and across Munster, the challenge is often finding a balance between supporting an employee who is absent due to…
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Workplace inclusion is becoming an increasingly important issue for employers across Ireland. For businesses in Cork and throughout Munster, creating a workplace where people are treated fairly and given genuine opportunities is not simply about having an equality policy in place. It is about how those principles are reflected in recruitment, management, communication and everyday…
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Performance concerns can arise in any workplace, regardless of the size or sector of the business. When an employer believes an employee is not meeting the required standard, one common approach is to introduce a Performance Improvement Plan (PIP). A properly managed PIP can provide employees with a genuine opportunity to improve while helping employers…
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