We provide advice and representation on all employment law issues including Employment Contracts, Leave Entitlements, Unfair Dismissal, Disciplinary Procedures, Equality and Discrimination, Workplace Policies and Procedures, Bullying and Harassment, Health and Safety in the Workplace, Redundancy and Employment Law rights. We have significant experience of representing employers and employees in various forums such as the Rights Commissioner Service, the Employment Appeals Tribunal and the Courts.
People spend the majority of their waking hours every week in their workplace or at their job. Given the centrality of work to all our lives it is not surprising that, when difficulties arise, they can have a serious impact on our life and wellbeing. It is therefore crucial to seek out sound advice, including legal advice from your employment law solicitor at an early stage.
Ireland’s joining of the European Community and later the European Union heralded decades of modernisation of Irish society including modernisation of our employment laws and systems. Indeed, European law has directly influenced legislation across a very wide spectrum. Much of this legislation grants wide reaching legal rights to employees and at the same time fixes employers with the corresponding legal obligations and responsibilities. At this point in time the legal obligations placed on small business in particular are very onerous and some knowledge of the legal environment is crucial.
The contract of employment is central to the employment relationship and employers should ensure that the employment contract encompasses all of the terms and conditions of the employment. It should at least contain the key understandings between employer and employee. The contract can be supplemented by workplace policies and procedures and, in some cases, by an employee handbook or manual.
The employment relationship is not one of equality; the employer has the greater degree of power. Employees are in a weaker position with some being extremely vulnerable. Employment law recognises this by granting protection to employees through employment legislation and protection of rights. Where these legal rights have been infringed we represent clients in obtaining a remedy and redress through the industrial relations system, including the Labour Court, the Rights Commissioner Service, the Employment Appeals Tribunal and the Courts.
The termination of the employment contract is probably the most sensitive and contentious area of the employment relationship. There can be dispute over the very question of whether the relationship was terminated and by whom. Views can even vary as to the reason for the termination, unfair dismissal, constructive dismissal or redundancy etc. This area is fraught with difficulty and whether one is an employer or employee it must be approached with care and caution. Legal advice at an early stage can reduce the possibility of contentious legal proceedings. Any party involved in a disciplinary hearing in the workplace should have the benefit of prior legal advice. If however, Unfair Dismissal proceedings are initiated we have substantial experience of representing workers and businesses in these types of cases.
If you have any query concerning employment law or employment rights or obligations please contact us for a consultation. Our consultation fee is €250.