Employment Law

Employment Law

Expertise:

Our dynamic and experienced team can offer advices on all aspects of employment law having acted for a broad mix of clients from employers to employees from different sectors in contentious and non-contentious employment law matters.

With a commercial background, over the years we have established a number of long standing and well respected clients for whom we continue to act. We provide our advice and expertise to our clients in their capacity as an employer as well as employees, on all aspects of employment law to include the drafting of employments contracts, policies and procedures to various contentious matters. We aim to tailor our legal services to each of our client’s individual needs and will offer the best possible legal solution available to our client taking into account our client’s specific circumstances.

We have extensive experience in advising clients, both employers and employees on the following employment law areas:

  • Terms of Employment/ Employment law contracts/ Working time/ Payment of Wages

The Terms of Employment (Information) Act 1994 provides that an employer must give the employee a statement in writing containing the terms of employment no later than 2 months after the commencement of the employment.

It is important to consider the different types of employment law contracts and the type of relationship they tend to create. The types of different contracts would include: part-time contracts, fixed-term contracts, flexible contracts and agency contracts.

Working time is a crucial term of your employment contract and your contract should always refer to the hours of work of the employee. It is one of the terms that an employer is obliged to provide to an employee on the commencement of the professional working relationship.

  • Dispute Resolution: Mediation/ Investigation (Fair Procedures)/ Disciplinary Actions

We can arrange an efficient mediation service which is often used to resolve disputes in the work place. This is a voluntary process which requires both sides agreement to participate and to work towards an amicable solution to an issue.

It is imperative that fair procedures are followed in the work place throughout the investigation process and disciplinary actions. A lot of claims can be avoided if fair procedures are in place and followed by the employer/employee.

  • Constructive Dismissal

An employee may make a claim for constructive dismissal if they feel they were forced to leave their job through no fault of their own. Some of the main reasons for making a claim of constructive dismissal are alleged bullying or sexual harassment in the work place.

  • Unfair Dismissal

The Unfair Dismissals Acts 1977-2015 requires an employer to follow fair procedures in the dismissal of an employee. The Act states that an employer must show that there were “substantial grounds justifying the act” thus making the dismissal reasonable. We can advise you on the best possible remedy available to you in an event of unfair dismissal.

  • Inadequate Notice Period/ Holiday entitlements

The Minimum Notice and Terms of Employment Acts 1973-2005 sets out the minimum notice period an employee is entitled to where an employer terminates a contract of employment. The minimum notice applicable will depend on the number of continuous years of service the employee has given the employer.

  • Termination of employment: Redundancy entitlements/ Severance packages

The Redundancy Payments Acts 1967-2014 outlines an employees entitlements should their job cease to exist. If you are an employer or an employee and require advice in relation to redundancy entitlements contact us to arrange a consultation and we will be happy to advise on the best course of action. Bear in mind that a severance package offered on the termination of your employment is a contractual entitlement if such an entitlement arises pursuant to the terms of your contract. Additionally such an entitlement can arise through past customary practice of an employer as no such entitlement currently exists under statute.

  • Sale or transfer of a business/enterprise

We can advise you on the employment law aspects of applicability of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (SI 131/2003) “TUPE” in circumstances where you are either buying or selling a business or an enterprise.

  • Health and Safety

We have ample experience in drafting and review of the appropriate health and safety procedures in the workplace which arise pursuant to the health and safety regulations.

  • Post-termination restrictions

In recent years and due to competitive market, it has become standard practice for employers to include non-compete and non-solicitation provisions in the contracts of employment/agency contracts. It is generally regarded that parties entering into a contractual relationship do so in good faith however these types of provisions ensure that both parties are protected in the event certain terms are not complied with by one of the parties or if the parties seek to safeguard and protect sensitive confidential information, know-how and skills within a niche area of business practice.

  • Other

Breach of contract in employment law matters, discrimination in a workplace, trade disputes, employment/ agency Contracts, service agreements, artists’ agreements, various types of employment law policies and procedures to be implemented under statute such as sick leave, grievance procedures, employment law injunction proceedings, equality, recruitment, protective leave entitlements, industrial relations and Trade Union membership, absence management and sick leave, bullying and harassment claims.

 

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