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Ireland: First remote work decision

The Irish Workplace Relations Commission (WRC) issued its first decision on remote working under the 2023 Act. This decision clarifies that the Act gives employees the right to request remote work but does not oblige employers to grant it.

Driving the news: The case involved Ms. Karabko, who worked remotely for TikTok during Covid but was later required to work from the office. Her complaint to the WRC was denied as the company followed proper procedures.

The bottom line: Employers retain the discretion to decide work arrangements, though they risk losing talent if rigid policies are enforced.

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Our Commentary: The decision seems to have come as a surprise to many who thought the Act gave employees the right to work remotely. That was never the case. It will always be up to the employer to decide where and how work should be done. Insisting that employees work a certain number of days a week from the office may not necessarily be a smart thing to do, but it is for the employer to decide. They may lose talented staff as a result, but it is for the employer to decide.

See this comprehensive report on the case from Matheson LLP.

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Authors: Tom Hayes

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