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May 2016 Employment Law Newsletter

Adare Human Resource Management

Established in 2003, Adare Human Resource Management are Ireland’s leading expert and provider of Employment Law, Industrial Relations (IR), Human Resource Management (HRM) and Health and Safety Services.
  • Topic - Fundamentals of Employment Legislation - Types of Employment Status

    May 05, 2016
    In this month’s newsletter we examine the distinction between Employees who are employed under Contracts of Service, Agency Workers and Contracts for Service. From an Organisation’s perspective, it is imperative that there is clarity in relation to the type of relationship that is established between the parties. Often-times, the type of relationship between the parties is only decided when the two parties to a dispute attend at a third party forum. The relationship type will decide the types of statutory protections applied in each individual set of circumstances.
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  • Case Law - Fixed term contracts - Essential Learnings and Considerations

    May 05, 2016
    In this month’s newsletter we consider two cases involving fixed term contracts. The first case finds in favour of the Claimant, in that there was no justifiable reason for the use of this type of contract and in contrast, the second case finds that the use of a fixed term contract was justifiable as it was needed to achieve a specific objective. The team at Adare Human Resource Management examine the findings of these cases and what they could potentially mean for your Organisation.
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  • HR Helpdesk – Compensatory Rest Periods

    May 05, 2016
    In this month’s HR Helpdesk we consider certain aspects of the Organisation of Working Time Act 1997 and Compensatory Rest Periods. Section 6 of the Organisation of Working Time Act provides for Compensatory Rest Periods. The Labour Relations Commission published a Code of Practice on Compensatory rest Periods in 1998. Although the Labour Relations Commission has since been abolished with the formation of the Workplace Relations Commission, this Code of Practice is still applicable in Irish Workplaces. This Code of Practice is admissible in evidence before a Court, the Workplace Relations Commission or the Labour Court in cases relating to the rest periods / breaks under the Organisation of Working Time Act 1997.
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