News and developments
Reeling In The Year 2021
The Code of Practice on the Right to Disconnect
The Code of Practice on the Right to Disconnect (the Code) introduced in April 2021 is meant to limit the availability of employees through technology outside normal hours of work and facilitate meaningful rest periods but unfortunately it continues to work off the archaic 9am-5pm work time model and may act against employers trying to facilitate flexible working hours, especially during Covid-19 remote working.
It is recommended that the Policy to Disconnect is drafted in a form that works for each company. The Policy and Code needs a buy-in from all levels of employees, including management and the Board of Directors, in order for it be effective. If effective and communicated properly, this policy could result in a more productive and happier workforce.
Update on Parents Leave & Adoptive Leave
The Family Leave and Miscellaneous Provisions Bill 2021 was passed and came into effect from 25th March 2021. The Act amended the Adoptive Leave Act 1995 to enable a couple to choose which of the couple would be entitled to employment leave upon adopting a child together.
It also amended the Parent’s Leave and Benefit Act, 2019 to extend the Parent’s Leave by 3 more weeks thus bringing the total Parent’s Leave up to 5 weeks to be taken within the first 2 years of their child’s life.
Supreme Court Decision – Zalewski v Adjudication Officer and Others
The Supreme Court found that the exercise of powers by adjudication officers of the WRC was an administration of justice within the meaning of Article 37 of the Constitution. The Court upheld the constitutional validity of the WRC, however, certain procedures of the WRC were held to be unconstitutional. The decision had a number of far-reaching consequences:
- WRC cases, other than under Industrial Relations legislation, are now being heard in public.
- All WRC decisions where the hearing is completed after 6 April 2021 will be published with the names of the parties.
- Any hearings that involve evidence in dispute would be adjourned on application until the 2015 Act was amended to provide the Adjudication Officer with the ability of administer the oath/affirmation and provide punishment for false evidence.