Littler Global Guide - Ireland - Q3 2020

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

View all Q3 2020 Global Guide Quarterly updates   Download full Q3 2020 Global Guide Quarterly

Order Allows WRC to Hold Virtual or Remote Hearings

New Order or Decree

Author: Emmet Whelan, Partner – ByrneWallace

The Irish Government has signed an order allowing the body hearing employment claims at first instance, the Workplace Relations Commission, to convene virtually or remote hearings without the consent of the parties. The order came into operation on September 24, 2020. Up to now, not many such hearings were listed, as the listing required the agreement of all parties. It is hoped that this change will allow more listing of remote hearings and reduce the significant backlog of claims before the WRC.

Order Extends Suspension on Redundancy Rights until End of November

New Order or Decree

Author: Emmet Whelan, Partner – ByrneWallace

The Irish Government has extended the suspension of the application of section 12 of the Redundancy Payments Act 1967 for a fourth time. That provision entitles an employee to trigger their own redundancy after a prescribed period of time on layoff or short-time. This provision was originally suspended in March 2020 to assist employers retain employees during an “emergency period” and the suspension has now been extended until November 30, 2020.

Labor Court on Refusal to Allow Employee to Return to Work

Precedential Decision by Judiciary or Regulatory Agency

Author: Emmet Whelan, Partner – ByrneWallace

Refusing to allow an employee to return to work when declared medically fit to return, and refusing to pay the employee wages, will result in an unlawful deduction from wages under the Payment of Wages Act 1991, the Labor Court has determined. An employer is not allowed to refuse to pay wages “as leverage in a contractual dispute, unless the worker is acting contrary to the terms of their contract or there is a statutory basis for doing so.”

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.