Our expert legal team is experienced in advising employers and employees from companies of all sizes in relation to all issues that can arise from the employer / employee relationship, such as:

  • Unfair dismissals

  • Maternity legislation

  • Safety in the workplace

  • Equality

  • Redundancies

  • Disciplinary issues

  • Grievances in the workplace

  • Bullying

  • Stress

  • Accidents at work*

EMPLOYERS

Organisations of all sizes require specialist, prompt and practical legal advice. It is essential for both employers and employees that proper contracts and policies are in place and operated as an integral part of the smooth and efficient running of any business as well as to comply with employers obligations at law. In the current legal and economic arena prevention can be better than the cure. We are on hand to advice you before you make those important decisions and foundations such as:

  • preparation of contracts of employment,
  • health and safety statements,
  • employee / staff handbooks,
  • disciplinary procedures and employee misconduct,
  • internet usage policies
  • alcohol and drug policies,
  • interview process and guidelines to competence approach to interviewing
  • grievance procedures,
  • salary reductions,
  • the sale of business entities and employee rights
  • procedure for the transfer of business undertakings
  • redundancies, and
  • variation of contractual terms in the economic downturn.

We are of course on hand to advise throughout the employment law relationship and when problems arise. We have a team of experienced defence litigators and advocates on hand to provide strong and effiecient representation in the area of dismissals, equality claims, bullying and harassment, stress, accident at work claims.

EMPLOYEES

  • Have you been fired?
  • Sacked?
  • Given your cards?
  • Let go?

There are many ways to describe losing your job, but you can only lawfully be dismissed for good reason, and then only if your employer follows fair procedures. If you have been unfairly dismissed, you may be entitled to bring a claim to the Rights Commissioner or the Employment Appeals Tribunal. They can order that you be re-instated in your job, or they can award you compensation up to a maximum of two years pay and benefits. If you think you have a claim, talk to us, and we will advise you whether you have a good cause, and how to proceed. Under the Unfair Dismissals Acts 1977 to 2007 unfair dismissal can occur are where:

• Your employer terminates your contract of employment, with or without notice or

• You terminate your contract of employment, with or without notice, due to the conduct of your employer. This is known as constructive dismissal. This has different evidential requirements at law however and if you are contemplating such action you should immediately seek legal advice. If you are dismissed from your employment, you may, under certain conditions, bring a claim for unfair dismissal against your employer. The unfair dismissals legislation in Ireland does not actually protect you from dismissal, rather it provides a system of appeal whereby you can question the fairness of your dismissal after it has occurred. You will have to show that you qualify to bring a claim under the legislation. If you do this and your employer accepts that there was a dismissal, it will be for your employer to show that there were fair grounds for the dismissal. Apart from a case involving constructive dismissal, a dismissal is presumed to be unfair unless your employer can show substantial grounds to justify it. By law you may ask your employer for a written statement of the reasons for your dismissal. Your employer should provide this within 14 days of your request. A dismissal is considered to be automatically unfair if the employee is dismissed for any of the following reasons:

• Membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours

• Religious or political opinions

• Legal proceedings against an employer where an employee is a party or a witness

• Race, colour, sexual orientation, age or membership of the Traveller community

• Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth

• Availing of rights under legislation to maternity leave, adoptive leave, carer’s leave, parental or force majeure leave

• Unfair selection for redundancy If you are found to have been unfairly dismissed you may be placed back in your job or, more commonly, you may receive compensation for the loss of earnings caused by the dismissal. There are important statutory time limits by which time action must be taken by you or your case will fail. Employment law is complex as there is a myriad of different rules and remedies as well as fora to whom you may bring your complaint. We can give you expert and sensitive advice regarding your individual situation.

Redundancy

  • Have you been made redundant?
  • Was it a genuine redundancy?
  • Were you fairly selected for redundancy?
  • Do you want legal advice on your redundancy agreement?
In cases of redundancy, you are also entitled to fair procedures, and also to be fairly selected for redundancy. If you feel you have not been fairly treated, you may be entitled to compensation, so contact us for advice.  Many employers require employees to sign Redundancy or Severence Agreements. Some employers will pay your legal fees to have you independently advised before you sign this Agreement. We can meet with you and go through the small print and jargon. We can advise if you are getting a good deal at law.

  • Are you worried about what is happening in the work place?
  • Is it a safe place to work?
  • Is there a work place bully?
  • Are you being singled out or treated unfairly?
Every employee is entitled to be provided with a safe place of work, safe equipment and systems of work, and competent fellow employees. They are also entitled not to be bullied, harassed, or suffer from sexual harassment. You may be entitled to compensation if you suffer injury or damage arising from your employer’s failure to comply with his/her legal obligations.  We can guide you through the correct procedures and steps to be taken. We can help you through your grievance procedure and advise you on your rights at law. We can discuss your situation with you in complete confidence, and advise you whether you may be entitled to make a claim.