Termination of Employment

A Practical Guide for Employers

Termination of Employment cover

Termination of Employment

A Practical Guide for Employers

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Pre-order. Available 11 May 2023
€172.16 RRP €191.29 Website price saving €19.13 (10%)

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Description

Containing key forms and precedents, this book guides you through the legal aspects of employment termination and deals with the notice that must be given, the forms that must be filled out, the various options open to claimants and the penalties for non-compliance.

The third edition includes:
- Changes brought in by the Workplace Relations Act 2015 and the Workplace Relations (Miscellaneous Provisions) Act 2021.
- A new chapter covering the Protected Disclosures Act 2014 (whistleblowing legislation).

Key decisions considered include:
1. Zalewski V Adjudiction Officer [2021] IESC 24
2. Minister for Justice, Equality and Law Reform v the Commissioner of an Garda Siochana [2017] IESC 43
3. Grenet v Electronic Arts Ireland Ltd [2018] IEHC 786
4. Baranya v Rosderra Irish Meats Group Ltd [2020] IEHC 56

Table of Contents

Chapter1: The Institutional Framework
Rights Commissioner
Employment Appeals Tribunal
Equality Tribunal
Labour Court
National Employment Rights Authority
Circuit Court
High Court
Practical Issues for Employers to consider in respect of each Forum

Chapter 2: Minimum Notice and Terms of Employment Acts 1973–2005
Purpose
Application
Notice Period
Continuous Service
Computable Service
What Constitutes Pay?
Notice to Employers
Waiver and Payment in Lieu of Notice
No Entitlement to Notice
Minimum Notice and the Payment of Wages Act 1991
Leave and Minimum Notice
Extending the Notice Period
Rights and Duties of Employees During the Notice Period
Notice must be Specific
Withdrawal of Notice
Disputes and Redress
Wrongful Dismissal and Notice
Minimum Notice and Redundancy
Minimum Notice in Practice

Chapter 3: Unfair Dismissal
Preliminary Requirements
Exclusions
Onus of Proof
Unfair Dismissals
Dismissals in accordance with Acts other than the Unfair Dismissals Act
Fair Dismissals
Constructive Dismissal
Surveillance of Employees/use of Private Investigators
Importance of Procedures
Reasonableness of the employer's decision
Resignation Followed by Unilateral Withdrawal
Remedies
Compensation
Unfair Dismissal in Practice
Forms

Chapter 4: Fair Procedures and Natural Justice: Investigations and Disciplinary Hearings in the Workplace
Procedural Fairness
Investigations
Distinction Between Informal and Formal Investigation
Independent Investigators
Disciplinary Hearings

Chapter 5: Protected Disclosures [NEW CHAPTER]

Chapter 6: Civil Servants
Definition of Civil Servant
Applicability of Unfair Dismissals Act
The Civil Service Disciplinary Code
Disciplinary Regulations for An Garda Síochána
Disciplinary Procedure in the Health Service Executive (HSE)
Investigations and Civil Servants

Chapter 7: Redundancy
Statutory Definition of Redundancy
Entitlement to a Redundancy Payment
Disentitlement to a Redundancy Payment
Calculation of Statutory Entitlement
Collective Redundancies
Redundancy and Unfair Dismissal
Practical Considerations

Chapter 8: Taxation of Lump Sum Payments
Introduction
Part I Taxation of Lump Sums (excluding Settlements and Awards payable in Employment Cases)
Lump Sum Payments exempt from Tax
Lump Sum Payments that qualify for Tax Relief
Available Tax Relief
Taxation of Lump Sums by Employers
Time Limits for claiming Tax Reliefs
Part II Taxation Exemption for Settlements and Awards in Employment Cases
Introduction
Exemption
Practical Advice for Employers
Part III Tax Treatment of Legal Fees in Employment Cases
Payment by an Employer of Legal Fees in Disciplinary or similar Investigation Cases where Employment has not been terminated
Payment by an Employer of Legal Fees in Disputes concerning Employees or Directors where Employment has been terminated

Chapter 9: Wrongful Dismissal and the Employment Injunction
Introduction
Wrongful Dismissal and Unfair Dismissal
Wrongful Dismissal and the Industrial Relations Acts
The Employment Injunction
Interlocutory Injunctions in Employment Cases – Their Development
When will an Employment Injunction be granted?
When will an Injunction not be Granted?
Practical Considerations – Proceedings for Injunctive Relief

Chapter 10: Transfer of a Business
Introduction
Application of the Regulations
Employees' Rights
Exceptions to Protection of Rights in the Event of a Transfer
Dismissals
Complaints and Remedies
Practical Considerations

Chapter 11: Dismissal and Employer Insolvency
Introduction
Purpose of The Insolvency Act
Insolvency Legislation
What Employees are covered?
Employee Entitlements
Payment
Employer Insolvency in Practice

Chapter 12: Discriminatory Dismissal and Dismissal and the Employment Equality Legislation
Introduction
Employment Equality Acts 1998 and 2004
Prohibition of Discrimination
Sexual Harassment and Harassment
Victimisation
Vicarious Liability
Practical Considerations

Product details

Published 11 May 2023
Format Ebook (Epub & Mobi)
Edition 1st
Extent 512
ISBN 9781526524515
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors

Author

Alastair Purdy

Alastair Purdy is Managing Partner at Alastair Pur…

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