Employment

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. In 2021 significant changes took place in the Workplace Relations Commission. 

We provide clear, practical and cost effective advice on all aspects of workplace legal issues. 

Employees

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 or facing redundancy to name but a few general issues which can arise. 

We can advise you about your rights and entitlements and may be able to assist you resolve small issues with your employer before they escalate. 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. 

Time Limits to bring Claims

Limitation periods for the referral of a dispute under any employment or equality legislation has been standardised to six months. This can be extended to twelve months where "reasonable cause" can be shown.

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

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 fair procedures and contractual entitlements such as notice. If, an individual believes that he or she is are at risk of being dismissed, it is very important that legal advice is sought as a matter of urgency. 

Constructive Dismissal – This may occur 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.The definition of this term is that an employee has been forced to leave their job as a result of their employer’s behaviour.

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 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 travelling 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 selection for redundancy through the scope of a dismissal as well as payments, eligibility, applicability.
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