It occurs where the employee is forced to resign in intolerable workplace circumstances wherein the conduct of the employer has become intolerable and the employee has no alternative but to leave the employment. As the resignation was not truly voluntary, it is in effect a termination.

No, you don’t. It is simply a decision you have to make based on if you perceive there is value in obtaining a solicitor or not for a case. If you perceive there is no value in it, like in any service, you won’t want to obtain such a service.

You can obviously ask a solicitor what specifically their service involves and ascertain their experience for such cases, which may assist you to make the decision.

With the introduction of the Gender Pay Gap Information Act, 2021 Employers will be required to publish the reasons for remuneration differences between male and female employees. The Act applies to employers with a certain amount of employees.

In these cases, the burden is on the employer to prove there were substantial grounds justifying the dismissal. The employer must show their response to a situation was reasonable and the sanction chosen was one within which a reasonable employer might make. If an employee is being dismissed for a performance issue, for example, then before the decision to dismiss is taken, the employee should be told which areas they are failing in, given an opportunity to improve and be warned about any dismissal.

Yes.

In Panisi -v- JBC Europe Limited 2012 ELR70 where
Mr Justice Charleton held: “It may be prudent as a mark of genuine redundancy, that alternatives
to letting an employee go should be examined. Similarly, a fair selection
process may indicate an honest approach to redundancy by an
employer.”

In Ireland the Workplace Relations Commission was established to deal with disputes between employers and employees.

Within its dispute resolution services adjudication ( case hearing ) and medication are both options available as a means to resolve a dispute.

The WRC can make binding decisions similar to a court.

The Commission also carries out inspections of workplaces to ensure compliance with employment legislation.

There is considerable legal protection in Ireland for female workers with respect to maternity leave rights.

One such common question is what is rule with respect to returning to work post the leave period.

Under Section 26 of the Maternity Protection Act 1994(as amended) there is a right to return to work which states :

26.—(1) Subject to this Part, on the expiry of a period during which an employee was absent from work while on protective leave, the employee shall be entitled to return to work—

(a) F56[with the employer with whom she or he was working immediately before the start of that period or, where during the employee’s absence from work there was a change of ownership of the undertaking in which she or he was employed immediately before her or his absence], with the owner (in this Act referred to as “the successor”) of the undertaking at the expiry of the period of absence

(b) in the job which the employee held immediately before the start of that period.

Disputes arise when an employee returns to work to a job which is dissimilar to that they were contracted to do.

There is a huge body of employment law in Ireland related legislation, such as the following examples:

• Unfair Dismissals Acts
• Payment of Wages Act
• Maternity Protection Acts
• Employment Equality Acts
• Safety, Health & Welfare at Work Act
• Organisation of Working Time Act
• Redundancy Payments Acts

If you have a claim for unfair dismissal, for example, and you contend the redundancy that arose was not genuine and you win your case, then the Adjudication case officer has a remedy available to him/her to grant you, being Reinstatement to your old position, as reinstatement is a permitted remedy by the legislation.

An employee after 4 weeks of being laid off can furnish to the employer notice of intention to claim redundancy. If the employer considers the person is not entitled to redundancy, they must furnish a counter-notice denying liability for the redundancy within 7 days after being serviced by the employee of the notice of claim.

Yes. A genuine consultation process with the employee prior to redundancy is very important or a breach of the Unfair Dismissals Acts may be found.

The Gender ground, Race ground, Marital Status ground, Family Status ground, Sexual Orientation ground, Religious Belief ground, Age ground, Disability ground, Membership of the Traveller Community ground.