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 Q4 2023 Global Guide Quarterly updates   Download full Q4 2023 Global Guide Quarterly

Domestic Violence Leave Under the Work Life Balance Act

New Legislation Enacted

Authors: Niall Pelly, Partner, and Lisa Collins, Associate – GQ Littler

Domestic violence leave in Ireland was introduced in the Work Life Balance and Miscellaneous Act 2023 earlier this year and commenced on November 27, 2023. Employees who are experiencing or have experienced domestic violence are entitled to up to five days' fully paid leave in a 12-month period. The purpose of the leave is to enable employees who have experienced domestic violence or their spouse, dependent child, cohabitant or another dependent person to:

• seek medical advice
• attend a victim services organization
• obtain counseling
• seek advice from legal practitioners or the Gardaí
• avail of a range of other services

Employees can obtain this leave retrospectively without advance notice, but they must notify their employer as soon as reasonably practicable, and no documentary evidence is required.

Supreme Court Provides Guidance on Employee Status

Precedential Decision by Judiciary or Regulatory Agency

Authors: Niall Pelly, Partner, and Lisa Collins, Associate – GQ Littler

A recent Supreme Court decision has set out a new five-step test for determining whether a worker is an employee or an independent contractor. The first three steps of the test are determinative: (1) Does the contract involve the exchange of wage or other remuneration for work? (2) If so, does the agreement involve the worker’s personal services to the employer, rather than those of a third party? and (3) Does the employer exercise sufficient control over the worker to render the agreement an employment agreement? If any one of these factors is absent, then there is no contract of employment.

If these three factors are present, the final steps of the test come into play. The fourth step requires determining whether the contract terms are consistent with an employment relationship, considering the facts and working relationships, and the fifth step assessing the applicable legal framework.

Protected Disclosures Reporting Obligations

Legal Compliance

Authors: Niall Pelly, Partner, and Lisa Collins, Associate – GQ Littler

Under the Protected Disclosures Act 2014 (as amended by the Protected Disclosures (Amendment) Act 2022), as of January 1, 2023, private sector employers with 250 or more employees were required to establish internal reporting channels and procedures to enable workers to make protected disclosures. Employers with between 50 and 249 employees benefitted from a transition period until December 2023. As of December 17, 2023, private sector companies with 50 or more employees must comply with this requirement to establish internal reporting channels.