Littler Global Guide - Ireland - Q1 2024

Littler Global Guide - Ireland - Q1 2024

The Global Guide Quarterly (GGQ) is a newsletter Littler publishes on a quarterly basis to provide a general update on global labor and employment (L&E) law developments in key countries in the American, EMEA, and APAC regions. GGQ is designed to provide high-level notice of such developments to help multinational enterprises with cross-border operations stay abreast of important changes within the L&E law framework.

New “On the Spot” Fines for Employment Law Offenses
New Legislation Enacted

Author: Lisa Collins, Associate, and Niall Pelly, Partner 

The Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2023 (the Regulations) consolidate new and existing fixed payment fines for employment law violations. The Regulations also set out the form for a fixed payment notice to be issued by a Workplace Relations Commission (WRC) inspector and revoke existing regulations.

The fines range from EUR 500 to EUR 2,000 and apply for breaches of employment law including failure to consult with employee collective bargaining representatives, and failure to provide an employee with their terms of employment within one month of their commencement date. The fines are civil in nature, however a failure to pay may result in criminal prosecution.

Supreme Court Overturns Industrial Action Injunction
Precedential Decision by Judiciary or Regulatory Agency

Author: Lisa Collins, Associate 

The Supreme Court has unanimously ruled that the High Court should not have granted an injunction restraining members of a union from taking industrial action. The judgment found the key legislation that governs industrial relations provides an "absolute bar" to courts granting injunctions restraining industrial action when the correct legal procedures have been followed. The court noted that the freedom to form associations and unions is guaranteed by Article 40.6.1 of the Constitution and the entitlement to take part in industrial action must be seen in that context.

Code of Practice on the Right to Request Flexible Working and Remote Work
New Regulation or Official Guidance

Author: Lisa Collins, Associate 

The Workplace Relations Commission (WRC) has published a Code of Practice for Employers and Employees on the Right to Request Flexible Working and the Right to Request Remote Work (the Code). The Code provides guidance on requests for flexible working (FW) arrangements, which can include part-time work, term-time work, job-sharing, flextime, and compressed working hours, and remote work (RW) under the Work Life Balance and Miscellaneous Provisions Act 2023.

The Code provides that any employee may make a request a RW arrangement. An employee may apply for an FW arrangement if they are or will be: (1) a parent, or acting in loco parentis to a child under 12 years old, or under 16 years old if the child has a disability or illness; or (2) providing personal care or support to their child, spouse, civil partner, cohabitant, parent, grandparent, sibling, or a person living in the same household, who is in need of significant care or support for a serious medical reason. FW and RW arrangements cannot begin until the employee has completed six months of continuous service.