2012 was an eventful year in terms of employment law and HR. Throughout the year there were some landmark High Court and EAT decisions, some key legislative developments, and also several important developments within the alternative dispute resolution arena. As always the Peninsula Advice Service kept clients up to date on these comings and goings through the online Peninsula Blog, Twitter updates, LinkedIn Updates and also this Bottom Line Express. This year is expected to be every bit as eventful and here we explain why it’s important for you to use the 24 Hour Advice Service in 2013.
Redundancy Rebate
In the last Budget the Government abolished the employer’s redundancy rebate. The rebate had previously been reduced from 60% to 15% but as of 2013 this rebate has been completely abolished meaning that an employer may be facing quite a hefty bill if they breach any rules in respect of implementing a redundancy scheme. Remember, an employer can be faced with up to two years’ salary by way of compensation per employee where they have (a) unfairly selected an employee for redundancy, and/or (b) failed to follow a fair procedure, and/or (c) made an employee redundant when the role wasn’t genuinely redundant. Thus, it has never been more important for an employer to seek advice from the 24 Hour Advice Service before implementing redundancies in the workplace.
Employment Permits Bill
In a response to the publicity generated from the Hussein -v- The Labour Court and Younis case, the Department of Jobs, Enterprise and Innovation confirmed that legislation aimed at protecting undocumented migrant workers is being progressed as a matter of priority. In Hussein case, the High Court held that a migrant worker who did not have an employment permit could not claim under Irish employment law as his contract of employment was substantively illegal. The proposed legislation will seek to protect these migrant workers and a Bill is expected to be published in the first quarter of this year.
Family Leave Bill 2013
This Bill is designed to introduce an EU Directive into Irish legislation by 8th March 2013 and willimprove the rights of parents taking parental leave. Irish employees already receive substantial protection under the Parental Leave Act, 1998, but the new Bill will introduce amendments such as increasing the minimum leave entitlement from 14 weeks to 18 weeks as well as providing employees with the opportunity to request a variation to their shifts upon return from such leave, although the employer may reject such a request on justifiable grounds.
Protected Disclosures in the Public Interest Bill
Generally known as the ‘Whistleblowers Bill’, the Government hopes that the legislation will protect whistleblowers from retaliation and victimisation relating to their disclosure. The proposed legislation highlights the responsibility of employers, to put effective internal mechanisms in place to investigate whistleblowing complaints and to develop an organisational culture that supports whistleblowing as a key element of corporate risk management overall, in order to identify potential wrongdoing and take appropriate corrective action at the earliest possible stage.
Mediation Bill
This Bill aims to allow for mediation as a viable and effective alternative to litigation for those involved in civil disputes. Whilst primarily intended for civil disputes, Minister Richard Bruton has also extolled the virtues of mediation, and incorporated “early resolution” into his reform of the workplace relations system in Ireland.
Importantly, the 24 Hour Peninsula Advice Service is available to you 24 hours a day and can be invaluable in resolving any employment matters that you are facing. Our experienced advisors have considerable knowledge and expertise and therefore, should you have any queries in respect of these forthcoming changes, or on any employment matter in general, then please do not hesitate to contact us on 01 855 50 50.
