Employment - Horizon Scanner: Infrastructure, Construction, Energy, June 2024

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The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 has been signed into law. The Act, once commenced,
Ireland Employment and HR
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ACT WHICH ENHANCES PROTECTION FOR EMPLOYEES AFFECTED BY INSOLVENCY NOW LAW

The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 has been signed into law. The Act, once commenced, will amend the existing collective redundancy regime in insolvency situations and will deliver on key Programme for Government commitments detailed in the Plan of Action – Collective Redundancies following Insolvency. The text of the Act remains unchanged since our December 2023 briefing here about the key changes it proposes.

RIGHT TO WORK EXTENDED TO ELIGIBLE SPOUSES AND PARTNERS OF ALL EMPLOYMENT PERMIT HOLDERS

The Government has announced that all eligible spouses and partners of employment permit holders will be allowed to work if they are already in the State and are granted permission to live in Ireland with their family member. To date, the ability to work without a permit was only provided to spouses and partners of Critical Skills Employment Permit holders. For more, see our update here.

REVENUE PUBLISHES UPDATED GUIDANCE ON EMPLOYMENT STATUS

Revenue published updated guidelines for determining employment status for taxation purposes here. The guidance addresses the tax implications of the Supreme Court Karshan decision. Revenue is working with the Department of Social Protection and the Workplace Relations Commission to update the Code of Practice on Determining Employment Status following the decision. Publication of this updated Code is awaited.

WRC PUBLISHES ANNUAL REPORT

The Workplace Relations Commission published its annual report for 2023 here. The report sets out information on the adjudication, mediation, conciliation services provided by the WRC in 2023. The report confirms that they began developing a new eComplaint Form in 2023, which is expected to go live this year. The form will enable the public to submit complaint to the WRC in a more efficient manner.

CASE UPDATE: SUPREME COURT UPHOLDS STATUTORY RETIREMENT AGE OF 70

The Supreme Court has dismissed an appeal brought by the applicant, Mr Mallon, against a decision of the High Court in a judicial review challenge to the mandatory retirement age of 70 imposed on sheriffs pursuant to section 12(6)(b) of the Court Officers Act 1945. Mr Mallon argued that this statutory provision was incompatible with Council Directive 2000/78/EC (the "Equality Framework Directive"), transposed into Irish law by the Employment Equality Acts 1998-2021, which established a general framework for equal treatment.

The judicial review application was refused by the High Court on the basis that, though the mandatory retirement age was discriminatory, the discrimination was justified on a number of legitimate objectives. The Supreme Court, in February, granted leave to appeal that decision. The Supreme Court has now dismissed Mr Mallon's appeal, finding that Section 12(6)(b) was justified under Article 6(1) of the Directive. For more, see our update here.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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