Greatra Mayana

Career & Employment Opportunities

Terry Gorry Show-Ep#6- 28/2/2020


welcome to this week’s edition of the
territory show I’m a solicitor and enfield in County Meath and I’ve got a
YouTube channel were quite a few subscribers I started doing this weekly
show so called show where I simply take a look at my law or legal related tweets
on my Twitter feed and see is writing useful in the cesspool that is Twitter
and quite frankly from time to time indeed every week it is possible to get
stuff links to material that is useful that is helpful especially if you have
an interest in law or business I’m looking up my Twitter feed again this
week today is the 28th of February 2020 and the big news today in the legal feed
and all I’m concerned about really is the legal situation on various bits of
legal news is the corona virus outbreak and the first incidence of the corona
virus on the island of Ireland a couple of questions arise in relation to from a
legal perspective from the perspective of being an employee or from the
perspective of being an employer one is the notion or the idea or the
recommendation that you self isolate for a fortnight or something when you come
from an isolated or come from an infected area that’s all very well and
you must follow the legal or the health advice the WHI advice and the advice
from the Department of Health and from the health experts the employment law
questions however that arise are wound are you entitled to sick pay for example
when yourself isolating what are you entitled to what’s the employer obliged
to do so you’re at home yourself isolating you’re being very very
responsible but the employer is down on a member of staff and perhaps you’re a
very important member of staff is he or she obliged to pay a sick pay for
example are you sick that’s the question as well because
clearly you’re probably not sick you’re taking the self isolation procedure as
precaution and you’re doing it on the basis of the best medical advice you’re
doing it in order to prevent becoming sick however with that in title
you to be paid and winners entitle you in future to self isolate in respective
and the other diseases nevermind coronavirus what about all the
stuff that my talk or in various exotic parts of the world that you might visit
I know that’s just a hypothetical question but it’s not a hypothetical
question at the moment when people are being advised to self-isolation
and we’re obviously we have the first instance of the infection or the disease
on the island of ireland second question arises is the question of GDP or on
disclosure of an employee having the virus I heard these Minister for Health
Simon Harris this morning on shan-rock program and he was being very very
circumspect as to what information he could or could not provide in summary he
couldn’t provide much information at all and the question now arises as well in
the workplace is if an employee has the GDP or has the virus is there a breach
the problem would be a breach of the personal data right of that employee to
disclose as to other employees both the coronavirus as to say it’s in the news
it’s very topical and his giving rise to various situations from a legal
perspective came across a very useful tweet there on the workplace relations
commission feed workplace relations commission we’re doing some sort of a
presentation or seminar someplace but there’s a link there on their Twitter
feed to an employment record or employment records that the employer
should keep and it’s actually a very useful link it’s a very useful guide
from the workplace relations commission if you’re a small employer and you’re
not sure about your obligations etc this is a useful link very very useful link
to set out exactly what you need to keep and the documents you need to keep and
so on and if I was concerned at all about having any sort of an inspection
from for example the workplace relations commission I think it would be a good
idea to have in place the recommendation or the
recommenders documents from the workplace races commission they can’t
find that they are now on my twitter feed
but if you go to the oh yes I’ve found the journal it’s called the employers
record log but if you go to the workplace relations commission that’s at
WRC honor score ie Twitter feed you’ll see the employers
record to doing I think some sort of a roadshow or is me are doing a roadshow
and it’s obviously a very important document very important link it’s very
very useful how to look on really around there and it sets out the various
documents the various records the employer should keep came across two
very important or two very interesting cases as well during the week one is to
do with an employment or an equal status Act complaint it’s the question of
discrimination and it’s a complaint brought by a man mister wars against
other areas banks and he was complaining about the bank’s use of particular video
in on YouTube videos or in some sort of an marketing or advertising campaign and
it’s something to do with the campaign promoter on YouTube and titled abusive
teller machine where the complainant maintained that he found the publication
to be grossly offensive to men so this man brought a complaint to the workplace
relations commission under the ecostyler cite the equal stars like um deals with
the supply of goods and services and allows you to bring a complaint if you
claim you’ve been discriminated against in relation to the provision of goods
and services this man made a complaint to the WRC and basically I think his
particular complaint was that he found us grossly offensive to men there was a
number of preliminary issues though a number of legal arguments made by the
bank our Adair’s banks the first one was that he hadn’t got a locust and i who
bring the complaint and this was on the basis that the complainant was not
refused service or treated less favorably in respective IT service
in other words he hadn’t actually been refused service and hotend experience
danny adverse consequences rani adverse treatment in the provision
of a service he simply saw I understand without looking at the detail of us he
saw this campaign saw the YouTube videos and so on and took offence at it and
said it was offensive to men but the preliminary issue was the question of
local stand a there’s another issue then that the bank raised that was that was a
claim on behalf of the group so he was claiming to bring it this claim on
behalf of a group but he no actual local stand I to do so under serious
jurisprudence referred to there where you cannot bring a claim on behalf of a
group and you cannot bring a type of a class action in Ireland that you might
be familiar with from watching you know the American TV and finally then there’s
a question of the preliminary matter regarding having a prima facie case the
bank also raised the concern with regards to the burden of proof where the
complainant must establish facts from which a reasonable inference can be
inferred the discrimination has occurred of course the bank submitted that in the
Corden’s with the act the burden of proof rests with the complainant which
is correct and as a preliminary matter he most established facts of which
discrimination on the grounds of gender may be presumed and the bank maintained
that the complainant had not sought for nor had he been denied a service from
the bank and therefore a prima facie case did not exist so the very first
thing you must do if you want to bring a case for discrimination either under the
ecostyler sector employment ecology act 1998 you must prove facts from which a
reasonable inference can be drawn that you’ve been discriminated against this
fella couldn’t do that because he simply took to hump at the YouTube videos
however he hadn’t been discriminated against he hadn’t tried to avail him a
service and therefore that was the argument the bank was making for the
question arose doe and that’s an interesting one and that is the question
of what is a frivolous or vexatious complaint and to say that somebody
bringing a complaint if you are at the WRC yourself you might say
that such and such a person has brought a complaint that’s frivolous and
vexatious etc but like all things in law the question of what frivolous infox
vexatious and what shouldn’t be heard is in legal terms defined and defined from
various cases and jurisprudence and this case interestingly is a case which looks
us the question of what is frivolous and what is vexatious and the various the
various cases that have looked at that and for example yeah I walked going to
it the case is worth having a look at though it’s an interesting case but the
complainant failed in this case the adjudication reference number is zero
zero zero two three two two five if you go to the workplace relations dot ie
website you’ll be able to have a look at that case yourself I just want to look
at the final finding others and that is I do not find in favor of the
complainant and dismiss the complaint as being misconceived and so the bottom
line is the complaint was thrown out but I don’t think it was held to be
frivolous or vexatious in other words I think the WRC did view his complaint as
being made in good faith as it were he had genuinely held beliefs and it was
msconfig but misconceived but it wasn’t frivolous or vexatious I think that’s
the import of us have a look at the case yourself if you’re interested in us the
other useful case I came across and I’m after losing the link to it now but an
interesting case there published by another firm of solicitors to do with
the disclosure of documents this was an employment case I had a quick glance at
it I can’t find it now I’m gonna have a look again see can I find it and I’m
going to perhaps do a blog post on but it was a case where there was either a
redundancy or an unfair dismissal or I constructed this and in fact I think it
was a constructive dismissal the employee left and the employee left in
circumstances where he or she didn’t exhaust the
internal grievance procedures first and didn’t didn’t exhaust all procedures
available to him or her on the workplace didn’t look at the details however this
case the employee was still successful the reason why was because the employee
having made data protection requests of the employer ended up with emails which
prove clearly that the intention of the employer was to get rid of the employee
so notwithstanding the fact that the employee had not exhausted or used the
internal grievance procedure the WRC still held that it was in fact a
constructive dismissal because not only did the employee think that the employer
wanted to get rid of her she could prove her she could prove it from the emails
that were disclosed by way of the data protection request
therefore the advice from this particular firm of solicitors and the
advice from a common sense perspective is internal documentation from HR from
various people executives managers and so on and so forth really if to do with
other employees you need to consider you need always to be aware that the
likelihood is that at some point you may have to disclose these documents and the
may well surface at a WRC hearing for some breach of an employment rights for
example constructive dismissal unfair dismissal discrimination or whatever but
the bottom line is in the creation of HR documents you really should assume
disclosure you really should assume that the bonus
lures to some time later on in a dispute and you’re gonna have to stand over them
so you need to be very mindful of that very intentional and conscious of that
when you’re creating the documents in the first instance I hope you find this
video useful if you do give it the thumbs up down below this is my weekly
show Tara gory and the solicitor and feel economy to a lot of employment law
and this is a kind of a whistle-stop tour of my twitter feed and that’s about
all I found this week in my legal feeds I have to get a decent
feed there in relation to business and so on – got anything there at the moment
hope you find this when useful or if you do give it a thumbs up down below and
you may be interested in subscribing to my youtube channel if you are hit the
subscribe button down below if you’re watching this on youtube and hit the
bell icon and you’ll be notified when I bring our new video thanks for watching
pie see real time

One Reply to “Terry Gorry Show-Ep#6- 28/2/2020”

  • terry you might find this recent case in England interesting, the question of offence (non-crime "hate incident", do you we have anything like this in Ireland or similiar?) https://www.youtube.com/watch?v=x0wC7c9Sywk

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