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Insights Employment Law & Benefits

Unfair Dismissal Award for Employee with Expired Employment Permit

In a recent decision, the WRC awarded €25,000 to an employee dismissed while waiting for her employment permit to be renewed. This case…

06/11/24

Employment Law & Benefits Expertise

Our combined experience of employment law in Ireland gives us a unique understanding of the challenges faced by employers in all sectors and industries.

We provide a tailored approach to meet the individual needs of each corporate client. We empower employers to confidently make the right decisions. Employers rely on our comprehensive and integrated service offering.

We provide commercial and strategic advice to organisations on all workplace issues from recruitment to retirement. Our clients include leading domestic and multinational corporations. We also have a deep understanding of the legal and constitutional issues faced by government and public sector bodies.

All areas of employment law including:

Employment contracts, policies and procedures
High Court litigation and injunctions
Unfair dismissals
Equality
Business immigration and permits
Industrial relations
Re-organisations and redundancies
TUPE and outsourcing
Whistleblowing/Protected disclosures
Protective leave
Atypical working arrangements
Bullying and harassment
Absence management
Investigations, disciplinary action and mediation

Defending a large financial institution in a High Court injunction on the suspension of an employee

Advising a major multinational company on the implementation of large scale redundancies following a high-profile merger

Advising a global public food company during High Court proceedings to stop picketing

Advising on the first protected disclosure injunction case in Ireland

Stopping employees engaged in unfair competition with their employer

Please contact our employment law solicitors if you have an employment law and benefits question that is not answered here.

What is the national minimum wage in Ireland?

Under current employment law in Ireland, the national minimum wage in Ireland is €12.70 per hour.

What is the legal obligation of an employer to set up a pension?

There is no legal obligation on an employer to set up a pension under the current pensions law in Ireland. However, an employer is obliged to facilitate an employee in accessing a Personal Retirement Savings Account (PRSA). An employer is not obliged to contribute to a PRSA. In the second half of 2024, the Irish Government intends to roll out an auto-enrolment pensions scheme for Irish workers. When introduced, the scheme will see employers automatically enrolling employees (who are not already enrolled in an occupational pension scheme) into a pension scheme which they would then be obliged to contribute to.

Find out more about our team of specialist pensions lawyers.

What are mandatory policies for employers in Ireland?

Employment laws in Ireland place an obligation on employers to provide the following mandatory policies:

Disciplinary Procedure
Grievance Procedure
Bullying & Harassment Policy
Safety Statement
Data Privacy Notice, and
A Whistleblowing Policy is also required for employers with 50 employees or more.

What are some reasons for termination?

Reasons for termination which may be deemed fair under employment law in Ireland include:

Dismissal due to performance, conduct, capacity

To avoid an unfair dismissal claim in Ireland, an employer must ensure that there is a good reason for the dismissal and that it has followed fair procedures leading up to the dismissal. Employees have the right not to be dismissed, or otherwise penalised, for making a “protected disclosure”, a complaint about health and safety or to be dismissed as a result of any of the nine grounds of discrimination.

Redundancy

Redundancies occur when the employee’s role no longer exists, i.e., business closures, restructurings, or a change of job requirements. Employees with more than 2 years’ service may be entitled to a statutory redundancy payment. The statutory redundancy payment is 2 weeks’ statutory redundancy payment in Ireland, capped at €600 per week, for every year of service plus a bonus of 1 week’s pay. Many employers make an ex-gratia payment or goodwill payment on top of an employee’s statutory entitlement. There is a separate statutory process to follow for large scale redundancies. We have shared top tips for employers implementing redundancies.

Retirement

While there is no statutory compulsory retirement age in Ireland, employers can have a mandatory retirement age in a contract provided it is objectively justified by reference to a legitimate aim, and the means of achieving that aim are appropriate and necessary.

How many sick days are you entitled to in Ireland?

Employees are entitled to statutory sick pay for up to 5 days per year. This will increase to 7 days in 2025 and 10 days in 2026.

What are examples of statutory leave in Ireland?

Examples of statutory leave in Ireland include:

Sick leave
Health & safety leave
Maternity leave
Adoptive leave
Parental leave
Carer's leave
Force majeure leave
Paternity leave, and
Parent’s leave

What are the statutory rights of employees in Ireland?

The statutory rights of employees in Ireland include those related to the national minimum wage (€12.70 per hour), working hours – a maximum of 48 hours per week averaging over a 4-month period, rest breaks, safety in the workplace and minimum notice periods.

Your Dedicated Team

Melanie Crowley

Partner

+353 86 242 6817 mcrowley@mhc.ie

Elizabeth Ryan

Partner
+353 86 382 1014 eryan@mhc.ie
Ger Connolly

Partner
+353 86 795 0947 gconnolly@mhc.ie
Peggy Hughes

Partner
+353 86 363 3788 phughes@mhc.ie
Ronnie Neville

Partner
+353 86 854 4480 rneville@mhc.ie
Stephen Gillick

Partner
+353 87 246 1612 sgillick@mhc.ie
Catherine Kelly

Partner
+353 87 698 1813 ckelly@mhc.ie
Kady O'Connell

Partner
+353 86 414 2705 koconnell@mhc.ie
Kim Bowen

Partner
+353 86 796 7604 kbowen@mhc.ie
Catherine O'Flynn

Partner
+353 86 204 0679 coflynn@mhc.ie

Employment Law & Benefits

Unfair Dismissal Award for Employee with Expired Employment Permit

Employment Law & Benefits Expertise

Your Dedicated Team

Melanie Crowley

Elizabeth Ryan

Ger Connolly

Peggy Hughes

Ronnie Neville

Stephen Gillick

Catherine Kelly

Kady O'Connell

Kim Bowen

Catherine O'Flynn

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