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| Employment Law | | |  | I contacted McMahon Goldrick Solicitors regarding an employment law problem and received a prompt response and excellent expert advice that enabled me to resolve my problem very quickly. |  |
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| | | Employment law is a complex area, which has changed significantly over the last few years with the introduction of new legislation.
It is important to secure the correct advice whether you are an employer or an employee. You should be aware of your rights and entitlements before making any decisions.
Employment law issues are never straightforward and every case is different that’s why it is important to consult a Solicitor.
At McMahon Goldrick Solicitors we are very aware that employment issues for the employee can be stressful and sensitive and we are committed to providing the client with practical and professional advice and solutions.
We are also committed to providing specially tailored advice to employers in respect of the preparation and negotiation of employment contracts and also the obligations to their employees.
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An initial consultation is important for the purposes of providing advice to suit the individual needs of the client while taking into account the particular circumstances of that client. Each case is different, although the legal guidelines remain the same.
Please contact Ralph McMahon of this office if you have any queries in relation to employment law.
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| Ralph McMahon can advise you on all aspects of employment law including: |
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| Your full contract does not have to be in writing but you have the right to have certain terms and conditions of employment stated in writing within two months of starting employment. |
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 Termination of employment to include unfair dismissal, constructive dismissal and redundancy |
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The principle of Unfair Dismissal is based on the principles that substantial grounds must exist to justify the termination of a contract of employment and fair procedures must be followed in effecting the termination. A dismissed employee must have one year’s continuous service with the employer. One year’s continuous service is not required where employees can show that they were dismissed by reason of trade union membership or activity, pregnancy, breastfeeding or related matters, or because they exercised their statutory rights to maternity leave, . One year’s service is also not necessary where an employee is dismissed for seeking to exercise his rights to adoptive leave or parental care.
If you leave your job without being dismissed, you may still have a claim for unfair dismissal. This is known as constructive dismissal and arises where an employee considers that they have no alternative but to leave their employment because the conditions in work are being made too difficult for them to continue working.
Redundancy generally arises where an employee’s job ceases to exist. The reasons for a job ceasing to exist might be due to the financial position of the firm, lack of work, the firm closing down, or a reorganisation within the firm. Not all employees are legally entitled to a redundancy payment. In order to qualify for a statutory redundancy payment, an employee must have at least two years continuous service with the employer. |
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| Grievance and disciplinary procedures in the workplace |
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| Grievance procedures are commonly contained in contracts of service or union/ management agreements or work rules books and may be relevant to dismissal cases which may focus on the manner of operation of the grievance procedure by either the employer or the employee. Even where a formal grievance procedure is not in place one may be implied. |
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| Health & Safety in the workplace |
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| Employers are responsible, as far as is reasonably possible, for ensuring a safe workplace for their employers. |
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| It is well established practice that employers must meet their obligations to employees to create a work environment free of bullying and harassment by putting in place a policy or policies designed to prevent such bullying or harassment occurring in the first place and not just to deal with incidents when they arise. |
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| Maternity leave/parental leave/carer’s leave, etc. |
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Employees are entitled to leave while pregnant and immediately after giving birth. There is no entitlement in legislation to pay from your employer during leave but most employees qualify for a social welfare payment.
The Parental Leave Act 1998, as amended by the Parental (Amendment) Act 2006 allows parents to take parental leave from employment in respect of certain children. Parental leave is available for each child and amounts to 14 weeks for each child.
The Carer’s Leave Act 2001 allows employees in Ireland to leave their employment temporarily to provide care for someone in need of full-time care. In order to qualify for carer’s leave, an employee must have worked for their current employer for a continuous period of at least 12 months. |
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| Transfer of undertakings |
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At McMahon Goldrick Solicitors we are very aware that employment issues for the employee can be stressful and sensitive and we are committed to providing the client with practical and professional advice and solutions.
We are also committed to providing specially tailored advice to employers in respect of the preparation and negotiation of employment contracts and also the obligations to their employees.
An initial consultation is important for the purposes of providing advice to suit the individual needs of the client while taking into account the particular circumstances of that client. Each case is different, although the legal guidelines remain the same.
Please contact Ralph McMahon of this office if you have any queries in relation to employment law.
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All employees have the right to be treated equally regardless of gender, marital status , family status, sexual orientation, age , disability, race religious belief or membership of the travelling community in work and when seeking work. Discrimination on any of these nine specified grounds during the recruitment and selection process or in the workplace is unlawful.
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| Contract of Employment |
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| The legal relationship between an employer and a person carrying out work comes mainly within the scope of the law of contract. While the modern employment relationship appears to be dominated by legislation it is still very much underpinned by the law of contract. Those charged with the implementation and enforcement of legislative remedies, such as unfair dismissal, frequently have regard to the terms agreed between the parties, particularly where a dispute might be resolved or helped to be resolved by reference to what was specifically agreed between the parties |
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| Wages |
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| An employee is entitled to be paid in accordance with their contract and an employee must be paid at least the minimum wage. An employee must also be given written information about their wages and any deductions from them. |
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| Hours of work |
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| There are rules about the maximum hours an employee may work. Employees are entitled to rest periods and there are particular rules for people who work at night or on shift. |
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| Enforcing your employment rights |
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| Where you make a complaint depends on the employment law that applies to the employment right. Generally, the bodies which enforce employment rights have hearings that are less formal than the normal court setting and some of the hearings are held in private |
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| Rights Commissioner |
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| Rights Commissioners are independent officers of the Labour Relations Commission who hear disputes on a wide range of employment rights matters. Apart from disputes under payment of wages legislation, hearings are held in private and the Rights Commissioner will try to reach a settlement if possible. If no such settlement is possible, the Rights Commissioner will make a decision or a recommendation on the case. If you are dissatisfied with the Rights Commissioner’s decision you have the right of appeal, usually to the Employment Appeals Tribunal but in some instances to the Labour Court. |
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| The Employment Appeals Tribunal
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| The Employment Appeals Tribunal is an independent body set up to provide an informal way for individuals to seek remedies for alleged infringements of their statutory employment rights. It hears a wide range of disputes such as minimum notice, dismissal and redundancy. The tribunal consists of three people. A chairperson who is a practising solicitor of barrister, and one representative each from panels formed by trade unions and employer organisations. |
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We receive regular employment law updates. The following websites may be of interest for updates:
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| Department of Enterprise, Trade & Employment |
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| Equality Tribunal |
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| Equality Authority |
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| Labour Court |
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| Health and Safety Authority |
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| Employment Appeals Tribunal |
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