Employment Law Ireland

If you have been dismissed by your employer and feel the procedures were not followed by the employer or that there was an injustice connected with the dismissal, we can assist you with a legal opinion on the matter, or advise you of your case options and discuss with you how employment law-related cases operate.

If you have never had a case before, you will have a lot of questions and we will answer any question we can. Evidently, your case is individual to you but it is quite likely a case of similar facts has come before the Workplace Relations Commission previously.

Employment Law Ireland

Employment Law Information Posts

We’re Here To Help With Your Employment Law Questions

What is constructive dismissal Ireland?

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.

Do I need a solicitor for unfair dismissal?

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.

Publication of Remuneration

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.

The burden of Proof in Unfair Dismissal Cases

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.

Should the alternatives to a Redundancy be examined by an employer?

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.”

What is employment legislation in Ireland?

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
Do the Workplace Relations Commission or Labour Court award legal costs?

No

Can I be reinstated to my old position by the Workplace Relations Commission?

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.

Can I claim Redundancy after a Lay-off?

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.

Should the employees right to retain their position be considered in a redundancy situation by the employer ?.

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.

Do You Need Advice on Employment Law ?

Initial Advice Consultation

Contact Details:

1. Call us on  01 546 1121  or  052 61 21999 between the hours of  9 am to 5 pm – Monday to Friday.

2. Email us – info@clearysolicitors.com – with a contact number and we will call you back.

3. Fill out our online Enquiry Form.

Employment Law Ireland

We can assist persons with claims involving bullying at work, equality claims arising from discrimination at work, redundancy matters, or other employment law related claims.

The Workplace Relations Commission tasked with dealing with employment law-related issues has a number of vehicles one can avail of to resolve an employment-related issue. Mediation can be a very effective means of resolving an issue in certain circumstances.

There is a lot of information on our website which may be helpful to you regarding a question you have and if you have further questions we will be happy to help.

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Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be obtained from a solicitor prior to relying on anything in this article.

Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.