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News - The Employment Rights Act - 2012
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Labour News.

The Employment Rights Act - 2012

  • This Act confers on employed persons, new employment rights.  Among the rights provided for is a right to a statutory minimum amount of notice of termination for both employers and employees.


  • Under   the Employment Rights Act an employee is entitled to a Statement of Particulars of employment on the commencement of that employment!


The Particulars must contain:-


(a)    Names of employee  and employer  and the employer  address

(b)   Commencement date of employment

(c)    Job title and Job description

(d)   Wages rates or method of calculation

(e)   Intervals at which wages are to be paid

(f)     Normal working hours

(g)    The period and date of a temporary fixed term contract

(h)   The Place of work or an indication that this could vary and the address of any other workplace

(i)      Any collective agreement and parties to this agreement

(j)     Policies pertaining to statutory entitlements, sickness and injury, health and pension schemes

(k)    Disciplinary and grievance procedures


  • The   Act   establishes  a tribunal  called the  Employment  Rights  Tribunal  for  the  determination of issues relating to the new rights, but provides that complaints must first be referred to the Chief Labour Officer  for an opportunity  for a settlement  to be reached  by conciliation.   If a settlement is not reached, the Tribunal is given wide powers, subject to an appeal to the courts on questions of law, to determine complaints.  These powers include, in appropriate  cases,  the  power  to  award  compensation   and  to  order  reinstatement  or  re­ engagement of an unfairly dismissed employee.


  • The Tribunal can determine what particulars ought to be included in the above statements, and can confirm, amend or substitute the particulars in these statements.


  • The Employment Rights Act, 2012 provides the right not to be unfairly dismissed, that right is contravened if the dismissal –


(a)    took  place  while the employee   was certified by  a  medical practitioner  to  be incapable   of work for a period of not more than 12 consecutive months.

(b)   was  as  a  result  of  the  employee  being involved in trade union activities or being a safety and health representative.

(c)    is a result of a complaint from the employee regarding an allegation of a violation of law, contract of employment or the practice by the employer.

(d)   is a result of the employee being diagnosed with or believed to have HIVIAIDS or any other life-threatening illness or disease.

(e)   is a result of the employee being disabled, where alternative employment could have been

reasonably offered.

(f)     is due to an employee's refusal to carry out an unlawful instruction given by the employer.

(g)     is because of pregnancy.

(h)   is a result of absence due to the performance of national duty.

(i)       is a reason that relates to race, colour, gender, age, marital status, religion, political affiliation.

(j)     is related  to  absence  associated  with  an emergency of a child or dependent family member with  a disability, for whom the employee has responsibility.


  • The Employment Rights Act, 2012 provides the following rights for employees:


(a)    The right to a written statement of employment particulars


(b)   The right to an itemized pay statement


(c)    The right to be consulted before being laid off or placed on short time


(d)   The right to priority  rehiring in certain cases following redundancy


(e)   The right to a certificate of employment record at the end of a contract of employment

Published: Wednesday, 27th April, 2016


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