Recent EAT TUPE decision clearly restates the position on service provision contracts

Case Law PrecedentsTUPE has become very much a hot topic in Ireland with more and more cases being presented to the Rights Commissioner and EAT year on year. As such, Irish case law and precedent is still developing and in that respect it was ideal for employers, employees, and legal advisors alike to see the position of service provision contracts comprehensively addressed by the EAT in Cavan Industrial Cleaning Services Limited -v- 8 employees (TU29-TU36/2013).

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We’re Hiring! Employment Law Advocate

Peninsula Dublin OfficesSalary up to €35,000 – €40,000 depending on experience + Excellent benefits package This is a fantastic opportunity to work for Ireland’s and the UK’s leading provider of Employment Law, HR and Health and Safety Services. Established in 1983 and currently with over 27,000 clients and employing over 1000 people, Peninsula is the number 1 organisation in this field and we continue to grow our customer base year on year.

The role of the Employment Law Advocate is critical to the on-going success and future growth of Peninsula Business Services. You will receive EAT/LRC/Equality Tribunal/Labour Court and ERS cases allocated from the Legal Services Administration team, these cases can be located anywhere within the Republic of Ireland. You will be required to case manage the file fully from client inception stage through to any necessary hearings until the matter subject of the case file is concluded. This role is based in our office in East Point Business Park.

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HR/Employment Law Shared Services – Team Leader – ROI

PeninsulaSalary €30,000- €35,000 DOE + Excellent benefits package

Peninsula are the leading provider of employment law and health & safety services in the UK with over 27,000 clients and have just been awarded the award of top 5 Companies to Work For In the UK. The role of the HR/Employment Law Shared Services Team Leader  – ROI is to manage a team of Employment Law Advice Consultants. You will be responsible for identifying training requirements, manage their performance against KPI’s and ensuring that they maintain a high standard of service provision to our clients.

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Equality Tribunal Rules on Surrogacy Question

0,,5488820_4,00We had previously posted that the European Court of Justice had issued an opinion on a case referred to them, and found that EU law does not require that a mother who has had a baby through a surrogate agreement should be entitled to maternity leave or its equivalent. This case has now been decided upon by the Equality Tribunal here in Ireland.

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Bite Size HR: Minimum Rates of Pay Sought for the Waste Industry

Bite Size HRAs featured in the, the Greyhound Recycling Group says it welcomes the decision by Minister of State, Ged Nash, to seek the introduction of legally binding pay rates for workers across the waste industry. Greyhound says it has been seeking an initiative like this for some time. The company is also defending its pay rates, saying that the “Greyhound collection crews are the best paid bin collectors in Europe. Greyhound pay rates are 60% above the industry average” and that even after the proposed reduction, they will still be 10% above the average. Greyhound says it must be allowed to compete with other waste companies and binding pay rates across the industry would allow it to achieve this.

Such a move will see a minimum level of wage rates across the industry and so the ability for cheaper firms to undercut based on pricing will be reduced. It was these such concerns that saw the introduction of the REAs for the Construction industry which were spearheaded by the larger construction firms (who could afford to pay the rates) in an effort to ensure the smaller firms would not be able to undercut them on pricing. the REAs established minimum rates of pay and conditions for workers and were backed by unions, however this put a major financial struggle on small to medium sized employers.

SIPTU workers at Greyhound have been protesting about the cuts since June 17. Last week, the High Court ordered a TD and two councillors to stop blockading Greyhound bin trucks in Dublin. The union representing the Greyhound workers said it will continue to hold peaceful pickets at the company’s depots in Dublin 22 and Dublin 12.

EAT to Send Decisions to Revenue and Dept. Social Protection

Award of CompensationThe following case Thomas Marsh T/A Thomas Marsh Plant Hire & Quarry Supplies v David Cunningham UD1524/2010 is especially important for employers who are paying employees a different rate of pay to what is stated on their payslips.

The case highlights that if a Tribunal becomes aware that there are irregularities in the rate of pay received by an employee then the Tribunal will be obligated to report that to Revenue which will have significant ramifications for both the employer and employee.

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Death in Service; Employer’s Liabilities

Landmark CasesDeath in service benefit is something that a number of employers offer their employees as a part of their overall Pension or Health Insurance packages. This can provide for the partners of the employee anywhere from two times to five times their salary, upon their death if still in employment.

However two recent cases have highlighted some other obligations on an employer towards their employees, should they pass away whilst still in employment.

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