Employment Law

Employment law in this jurisdiction has grown into a substantial and detailed body of statute and case law, much of it deriving from European Union directives, and it governs the relationship between employer and employee from the making of the contract to its termination and beyond. This firm advises both employees and employers, although not, of course, on opposite sides of the same dispute. The greater part of our work in this area concerns individual employees who have lost their employment or who are experiencing difficulty at work, together with small and medium sized businesses in the Athlone area who require assistance with contracts, procedures and the management of a workplace issue.

Contracts and terms of employment

Every employee is entitled to receive from the employer a written statement of certain particulars of the terms of employment within a period specified by statute following the commencement of the employment. In practice a properly drawn contract of employment goes considerably further, dealing with hours of work, remuneration, probation, notice, confidentiality, the ownership of intellectual property, and, where appropriate, restrictions upon the employee's activities after the employment has ended. We prepare contracts of employment, staff handbooks, disciplinary and grievance procedures and other workplace policies for employers, and we advise employees who have been asked to sign a contract as to its meaning and effect.

Dismissal

An employee with the requisite period of continuous service who has been dismissed may in general bring a claim under the Unfair Dismissals Acts 1977 to 2007. A dismissal is deemed to be unfair unless the employer can show that it resulted wholly or mainly from one of the grounds set out in the legislation, such as the capability, competence or conduct of the employee, or redundancy. Even where a substantial ground for dismissal exists, the dismissal may nonetheless be found to be unfair where the employer has failed to observe fair procedures. The right to be informed of the allegations, to be given an opportunity to respond, to be represented and to appeal are matters to which considerable weight is attached. Where a claim succeeds the remedies available include reinstatement, re engagement and compensation for financial loss.

An employee who resigns may in certain circumstances claim that he or she was constructively dismissed, that is to say that the conduct of the employer was such as to entitle the employee to terminate the contract. Claims of this kind are difficult and the burden lies upon the employee. Advice should always be taken before resigning.

Redundancy

A genuine redundancy arises where the position which the employee held ceases to exist, and where the requirements of the statute are met an employee with the necessary service is entitled to a statutory redundancy payment calculated by reference to length of service and weekly remuneration, subject to the ceiling then applicable. Difficulties commonly arise as to whether a redundancy is genuine, as to the fairness of the selection of one employee rather than another, and as to whether the employer engaged in adequate consultation or considered alternatives to dismissal. Given economic conditions in recent years this has been an area of considerable activity for this firm and we have advised a number of employees and employers in the midland region in relation to both individual and collective redundancies.

Equality, bullying and harassment

The Employment Equality Acts prohibit discrimination in employment on a number of specified grounds, including gender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community, and impose upon an employer an obligation to take reasonable steps to accommodate the needs of an employee with a disability. The legislation also addresses harassment and sexual harassment in the workplace. Separately, an employer owes to every employee a duty of care and is obliged to provide a safe place and system of work, which extends to the prevention of bullying. Complaints of this nature should ordinarily be raised through the employer's grievance procedure in the first instance and we advise clients as to how this may best be done.

Forums and time limits

Employment claims are determined not by the ordinary courts but by a number of specialist bodies, including the Rights Commissioner Service, the Employment Appeals Tribunal and the Equality Tribunal, with appeals in certain instances to the Labour Court and to the ordinary courts on a point of law. Each statute lays down its own time limit within which a claim must be brought, and these limits are short, in many instances six months from the date of the act complained of. Extensions are available only in limited circumstances. For that reason we would urge any person who considers that he or she may have a claim to seek advice at the earliest opportunity rather than after the event.

To arrange a consultation in relation to an employment matter please telephone the office at (020) 912 0450
and ask to speak to Frances Mescall or to Aidan Nally.

The contents of this page are for general information only and do not constitute legal advice.
The law is stated as at the date on which this page was last revised.