Employment Law

Employment Law

Employment Law is an ever evolving area of law continually being updated and amended by new legislation, case law decisions and best practice procedures coming into effect.

We provide clear, practical and cost effective advice on all aspects of workplace legal issues whether that be pro-active action by an employer to ensure the contracts and policies are suitable for their needs and the needs of their employees or contentious and non-contentious legal issues acting for both employers and employees.

Employee

Often employees are not aware of the protections they have under Irish Law. You may have been bullied, directly or indirectly discriminated against and/or dismissed from your employment wrongfully or unfairly to name but a few general issues which can arise. It is also important to note that in circumstances were you have been forced to hand in your own notice or leave your employment because of mistreatment you may be deemed to have been constructively dismissed and therefore afforded the same ability to take action through unfair dismissal or wrongful dismissal actions.

We can advise you about your rights and entitlements and may be able to assist you resolve small issues with your employer before they become more serious. In some situations however you may have no choice but to begin an employment action and in such situations we can assist and represent you with your applications and claims before the Rights Commissioner, Employment Appeals Tribunal, Labour Court, Equality Tribunal and/or the Civil Courts to ensure you have the very best of support to help you achieve the best results.

It is important to note that there are strict timescales for taking action in employment law matters and generally an application to a Rights Commissioner, Tribunal or Labour Court should be formally taken within 6 months of the date of termination from your employment or from the date of the last incident of bullying or harassment.

As a result do not delay in seeking advice as ultimately the cost of doing nothing can be significant.

Employer

We provide advice and assistance in respect of employment claims but also with the drafting of employment contracts, human resource policies & procedures as well as grievance procedures.

A pro-active approach to putting in place fair and workable employment policies and procedures is always the best course of action to prevent actions being taken against your business or company. By implementing policies in order to protect employees and ensuring that they are followed the risks and likelihood of claims against your business are much reduced.

Employment issues will often include the following:

  • Unfair Dismissal – The main principle of this action is that an employee has been fairly dismissed using the correct and procedures and for a justified reason. An employee must be deemed employed for 12 months to be eligible to take action under this heading.
  • Wrongful Dismissal – A Court action where you believe you have been wrongfully dismissed such as due to a failure to apply the correct notice period etc.
  • Constructive Dismissal – This head will take effect if the employee has terminated their contract of employment because the conduct of the employer would have made it reasonable for the employee to terminate their contract.
  • Recruitment procedures – The recruitment process can often lead to issues because the process of recruitment is inadequate making it unfair or leads to issues in conflict with other areas of employment law such as that included within Equality claims below.
  • Employment Contract disputes – The drafting of a contract whilst can seem straightforward poor drafting, missing terms and or failure to address important issues such as pay, notice, human resource policies, health and safety and grievance can regularly cause employers difficulties.
  • Discrimination – Claims often arise whereby an employee believes they have been directly or indirectly discriminated against because of their own personal circumstances.
  • Bullying and Harassment – This can be include an employer’s failure to implement clear policies adhere to and follow policies and/or failure to protect employees from harm. These issues can often lead to more serious issues such as personal injury. An employee may have suffered sustained bullying or harassment or even suffered a sole incident which was significant enough to justify an action.
  • Equality Claims – These include claims related to age, gender, sexual orientation, religion, family status, marital status, disability, race member of the traveling community.
  • Health and Safety issues – Employers have a statutory need to ensure and protect the health and welfare of their employees through the implementation of safeguards and safe systems of work.
  • Maternity Protection – The protections in place for employees pre, during and post maternity cover are rigid and strictly enforced. Careful policies and procedures should be in place to afford the employees the correct level of treatment and protection.
  • Pay Disputes – These disputes relate to all pay entitlements for example standard pay, holiday pay and bonuses etc.
  • Redundancy – Discussing your eligibility for redundancy through the scope of a dismissal as well as payments, eligibility, applicability.