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What happens when an employer refuses to engage in collective bargaining?

AUTHOR(S): Bryan Dunne
PRACTICE AREA GROUP: Employment, Pensions and Benefits
DATE: 05.09.2016

A review of the Labour Court’s first recommendation under the revised Industrial Relations (Amendment) Act, 2015

In the latest episode of Matheson’s Employment Law Podcast Series, Bryan reviews the Labour Court’s first recommendation under the Industrial Relations (Amendment) Act, 2015. This is a very significant development for non-union employers under legislation designed to encourage trade union recognition and collective bargaining. It seeks to achieve this by allowing the Labour Court to set an employer’s pay and benefit rates directly with the union where the employer does not engage in collective bargaining, and subject to certain other pre-conditions being met.

The review also considers the expectation that many European Works Councils' agreements, which are currently governed by UK law, will be revised to adopt Irish law as the governing law following the Brexit vote and new entitlements for fathers under the paternity leave legislation due in on 1 September next. In the weird and wonderful case review, we look at a constructive dismissal claim against Ryanair by a former flight attendant who resigned due to a number of incidents that occurred in the workplace involving Jedward!

Listen to the podcast to find out the facts, key outcomes from the case and what this means for you as representatives of large employers in Ireland. You can also access earlier episodes going back to 2013 here.

The podcasts are also available to download on iTunes and Soundcloud. Please click here to view the full Labour Court decision.

Request a copy of the transcript for this recording

The Irish Employment Law Podcast Series is produced by Bryan Dunne, Head of Employment at Matheson. In the series he discusses the latest developments in employment law. The podcasts are a key resource in keeping up to date for HR practitioners, employment lawyers and international employers with employees in Ireland.

Disclaimer: These podcasts present an overview of the cases and law and do not constitute legal advice. How the law will apply in any particular case will depend on the individual circumstances. Listeners should seek legal advice if any of the matters discussed are relevant to them.​​ ​​​ ​​​​​


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