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Agency Worker
Workers engaged through, or by, an employment agency or bureau and supplied to a hiring employer on a temporary basis. Some agencies employ their workers directly and should therefore provide their staff with a contract of employment.
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Additional Voluntary Contributions (AVCs)
Additional Voluntary Contributions (AVCs) are a way of making extra contributions on top of an occupational pension.
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Appeals Procedure
Under the Code of Practice for grievance and disciplinary procedures, there is a right of appeal to a level above that of the person issuing the penalty. Employers should have written grievance and disciplinary procedures and they should give employees copies of these at the start of their employment.
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Asserted a Statutory Right
Asked an employer to give you something to which you are legally entitled.
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Automatic Unfair Dismissal
There are a number of dismissals that are automatically unfair, such as being sacked for being pregnant. This means that if you can show that this is the reason you were sacked, the employer has no defence (see also Unfair Dismissal).
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Back Pay
Wages or salary owed to you for work already performed.
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Bonus
Extra money for good performance, high productivity, etc.
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Breach of Contract
When either you or your employer breaks, or ignores the terms agreed in your contract of employment, either express or implied.
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Casual Worker
There is no definition of 'casual employees' in employment law in Ireland. In reality, casual workers are on standby to do work as required without fixed hours or attendance arrangements. However, these workers are employees, for employment rights purposes.
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Citizen’s Information Board
The Citizens Information Board is the national agency responsible for the provision of information, advice and advocacy to the public on a broad range of social and civil services.
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Collective Agreement
An agreement between a trade union and an employer on behalf of a specified group of workers, usually relating to their pay and other working conditions.
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Collective Bargaining
A process of negotiation between an employer and a trade union representing a group of employees to settle pay and other terms and conditions of employment.
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Compensation
An amount awarded by a court or tribunal if your employer has treated you in a way that breaks employment law or breaches your contract.
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Continuity of Service
Having worked for the same employer for a continuous period of time, ignoring breaks for maternity, sickness, holidays and some other temporary interruptions.
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Contract of Employment
A legally enforceable agreement between an employer and an employee. It can impose duties on both the employer and the employee. They are normally, but not always, written down, and normally you are given your contract before or when you start work.
Some terms of a contract of employment may not be written down, but are implied by law or by custom and practice in your workplace.
Under Irish law you are not legally entitled to a contract of employment. However, you are entitled to a statement of your terms and conditions.
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Custom and Practice
Something which has been done that way for a while. In particular in employment law your contract of employment can change by custom and practice. For example, it may have become normal to allow staff to go home early on Christmas Eve it may be decided that this has now been included in your contract of employment by custom and practice.
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Deductions from Wages
Amounts taken by your employer from your gross wages. Some, like tax, are legal. You can agree to others such as pension contributions or union dues. It is illegal for your employer to make deductions without your permission or on agreed terms with you.
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Defined Benefit Pension
A defined benefit pension has rules that decide how much pension you will be paid, and will normally depend on your salary and how long you contributed to the scheme. In other words you are made a pensions promise, and the size of your pension will not depend on the ups and down of the stock market.
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Defined Contribution Pension
In a defined contribution pension, the size of your pension will depend on how much you and your employer contribute, how well your scheme’s investments perform and annuity rates when you retire. It does not guarantee a level of pension income prior to retirement.
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Disciplinary Hearing
A formal hearing organised by your employer where you are required to attend and answer for alleged unsatisfactory performance/ behaviour. You should only attend this meeting with trade union representation, which you are entitled to.
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Discrimination
Treating someone unfairly for reasons other than their ability to do their job. The nine grounds for discrimination as stated in the Employment Equality Act 2004 are: Gender, Marital status, Family status, Sexual orientation, Religion, Age, Disability, Race, and membership of the Travelling community.
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Duty of Care
Your employer owes you a duty of care. This means that they are responsible for ensuring that you are cared for at work and do not have to work in unsafe or unhealthy conditions. This can include protection against bullying or stress. An implied duty of care exists in all contracts of employment.
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Employee
In law someone employed under a contract of employment, giving them a number of statutory and contractual rights. Not all workers are employees – some are engaged in a ‘contract for service’ which means they are self-employed under law. However, some employers use this kind of contract to avoid their responsibilities. If you are unsure of your employment status, contact the CWU.
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Fixed Term Contract
A contract of employment that expires on a date specified in the contract.
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Force Majeure Leave
An employee is entitled to leave with pay from his or her employment for urgent family reasons, owing to the injury or illness of - a child or adoptive child of the employee; The spouse of the employee, or a person with whom the employee is living as husband or wife; A person to whom the employee is ‘in loco parentis’; A brother or sister of the employee; A parent or grandparent of the employee; Persons in a relationship of domestic dependency, including same sex partners.
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If a member of your close family dies you have no entitlement to force majeure leave. Other compassionate leave not covered by force majeure leave will depend on your employment contract, custom and practice within your workplace or the employer's discretion.
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Grievance Procedure
A formal way of resolving a problem you have at work. There is a minimum statutory procedure which should be followed if your employer does not have a policy of their own. Many good employers, however, will have their own policy which goes further than the minimum.
You have the right to be accompanied by a colleague or a union representative in a grievance hearing.
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Gross Pay
Wages inclusive of tax and any other elements, e.g. performance related pay.
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Harassment
Offensive, bullying, threatening or otherwise inappropriate behaviour by a manager or colleague.
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Health and Safety Authority
The state sponsored body in Ireland with responsibility for securing safety, health and welfare at work and operates under the Safety, Health and Welfare at Work Act 2005.
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Industrial Action
Action such as a strike or ‘work to rule’ taken by the workforce in a dispute with an employer.
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Laid Off
When you are sent home temporarily by your employer because there is no work for you to do.
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Legal Precedent
A ruling made in a court which then influences future cases involving similar issues.
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Maternity Leave
Time off work for pregnancy/ childbirth. Currently 26 weeks. You are entitled to a social welfare payment while on maternity leave. The minimum weekly payment is €230.30 up to a maximum of €280. You are also entitled to take a further 16 weeks’ additional maternity leave, but this period is not covered by Maternity Benefit, nor is your employer obliged, unless otherwise agreed, to make any payment during this period.
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National Minimum Wage
The minimum you must be paid per hour. See www.citizensinformation.ie for the most up to date information.
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Night Workers
Normally work at least 3 hours of their daily working time at night or the annual number of hours worked at night equals or exceeds 50% of annual working time. Night is defined as the period between midnight and 7am the following day.
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Overtime
Hours worked over and above those specified in your contract. There is no legal entitlement to overtime pay but it is something the CWU would look for if not already available.
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Parental Leave
The mother and father of a child are entitled to fourteen weeks unpaid parental leave in separate blocks of a minimum of six continuous weeks. Time spent on parental leave can be used to accumulate your annual leave entitlement.
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Paternity Leave
Paternity leave is not recognised in employment law in Ireland. In other words, employers are not obliged to grant male employees special paternity leave (either paid or unpaid) following the birth of their child.
However some unionised employers in Ireland do provide a period of paid leave from work for male employees following the birth or adoption of their child.
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Qualifying Period of Employment
There are some employment rights that do not start on the first day of your employment. For example, except in some special circumstances, you only get protection from unfair dismissal after working for your employer for a year. This ‘waiting time’ is known as the qualifying period of employment.
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Re-instatement
When you are restored to your previous job after a dismissal.
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Recognition Agreement
The formal term for an agreement that allows a trade union to negotiate certain workplace issues, for example, pay, or health and safety.
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Redundancy
Generally a redundancy situation arises if your job ceases to exist and you are not replaced. The reasoning for the redundancy situation could be the financial position of the firm, lack of work, reorganisation within the firm or it may be closing down completely.
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Representative (Rep)
A workplace trade union representative. Also known as a shop steward.
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Representation
You have the legal right to trade union representation at grievance and/ or disciplinary hearings.
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Staff Handbook
Explains how the company operates, its aims and objectives and usually, terms and conditions of employment. It may be given to you when you start work and all or part is likely to be a legal document if it sets out some of your terms and conditions.
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Statute
Another word for law.
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Statutory Rights
Rights at work that you enjoy because of the law, such as the national minimum wage. This contrasts with contractual rights given to you by your contract of employment.
Statutory rights are the minimum you are entitled to under law. The CWU will ensure you receive these rights but will also try to negotiate improvements on these rights.
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Sick Pay
An employee has no right under employment law in Ireland to be paid while on sick leave. Your entitlement to paid sick leave from employment will depend on your contract of employment. If you are not entitled to sick pay from work you may get Illness Benefit if you have enough (PRSI) social insurance contributions. You must apply for Illness Benefit within 7 days of becoming ill. No payment is made for the first three days of illness.
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Terms and Conditions
Also known as terms of employment. Arrangements and conditions set out in your contract of employment. Apart from changes in employment law that may affect the contract, other changes must be agreed between the employer and the employee.
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Terms of your Contract
What your contract says about your conditions of work; terms are legally binding on you and your employer once you have started working under them and by doing so agreed them.
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Unauthorised Deduction from Wages
Money taken out of your wages without your permission and without it saying in your contract that it may be done. If there is an unauthorised deduction from your wages, you are entitled to challenge this deduction under the Payment of Wages Act.
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Unfair Dismissal
Legal term for a dismissal carried out for no good reason or without going through an agreed company procedure for dismissals. Normally you must have at least 12 months continuous service with your employer in order to bring a claim for unfair dismissal (see also Automatic Unfair Dismissal).
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Union Recognition
When an employer agrees that their employees can be represented collectively by a trade union.
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Verbal Warning
Usually part of a disciplinary procedure, a first warning. To be followed by a further warning, probably written, if you are not seen to improve your performance, or stop doing something wrong.
A verbal warning should be given to you in writing and should state how long it will last.
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Victimisation
Being unfairly singled out for bad treatment of some kind. This is quite likely to be illegal because of the grounds chosen to single you out (for example because of your race or because of your trade union activities) and because your employer owes you a general duty of care.
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Working Time Act 1997
Legislation to ensure workers have adequate time off and rest periods.
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Written Warning
A disciplinary sanction that is put in writing and which is usually the middle or final part of a disciplinary procedure, in which you are told that if you are not seen to improve you will be disciplined further or dismissed.
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