Our Commitment to you our client is our fundamental philosophy of a "can do" attitude. We will at all times be open and honest and in delivering client satisfaction. We encourage our clients to approach whatever their concern is, so that we can take the appropriate option open to us.
At C N Doherty & Co. Solicitors, we provide a wide range of legal services regarding Employment Law. We cover all areas from employer to employee.
As an Employer we understand that understanding Employment Legislation can be a daunting task, therefore we provide the necessary services to facilitate you as an employer.
Negotiating and reviewing employment Law contracts;
• Advising employers on their statutory duties under Health & Safety legislation;
• Advising employers in connection with disciplinary investigations and attending internal and external hearings.
• Providing expert analysis on employers rights in cases of termination, dismissal and redundancy;
• Representing employers before the Employment Appeals Tribunal, the Circuit and High Court in employment related matters;
• Advising employers on mergers and acquisitions and the transfer of undertakings directive;
• Advising employers about equality issues, victimisation and discrimination.
As an employee, we understand that you need to protect yourself as regards your employment now more than ever. Your employment in these ever changing times we now live in has never been more important. As an employee, we understand how stressful redundancy or being unfairly dismissed can be, it may be that you have been discriminated against by colleagues or by your employer, therefore, at C N Doherty & Co. Solicitors, we provide a comprehensive legal service when it comes to Employment Law. If you feel that you have suffered in the course of your employment, we will advise you with your rights and where necessary represent you before the Employers Appeals Tribunal (EAT) or the appropriate Court if necessary.
At C N Doherty Solicitors, we provide the following services;
• Reviewing and negotiating your contracts of employment.
• Advising you in cases of termination, redundancy and dismissal.
• We can advise you regarding equality issues and discrimination;
• We will advise you regarding any disciplinary investigation which may occur and attend on your behalf at any internal and external hearings.
• Represent you at the Employment Appeals Tribunal and the appropriate Court where necessary.
For more information on your Employment Law needs or any of these topics, please contact us or make an appointment with the form on the left, and we will be happy to assist.
Usually Redundancy occurs where you lose your job due to the closure of the business or where the employer seeks as reduction in the number of staff they employ. With Redundancy, it is the job that is made redundant and not the person. A number of situations can arise whereby Redundancy can result. The closure of the business can be the most obvious situation bringing about redundancy, however where an employer causes their business to change ownership under the relevant legislation with no major change occurs to the employment of the employee, this is not a reason for redundancy.
Redundancy can also occur where your employer has decided to have the work which you carry out to be carried out in a different manner in the future, this would be in situations where you may not be sufficiently trained or qualified to carry out that particular work. This can also be the situation where your employer decides that the work that you carry out can be carried out by another individual who can carry out other work, work which you may not be trained or qualified to do. Remember, it’s the job that’s made redundant, not the person. Although a redundancy situation exists within your place of employment, you may have grounds for complaint if the manner of your selection for redundancy was unfair; where your redundancy results that you are treated unfairly, you may qualify to have the matter declared an Unfair Dismissal therefore it is important that you are aware of your rights.
Under the Redundancy Payments Acts 1967-2007, where you may have spent a particular period in employment with your employer, the legislation provides for a minimum entitlement to redundancy payment. A higher redundancy payment may be agreed between the employer and employee which is above the statutory requirement, where this happens, those in employment who have not reached their entitlement to redundancy payments may also receive such higher payments. Certain conditions attach to redundancy therefore it is important that you are aware of these conditions before you seek your redundancy payment. To be eligible for redundancy payments, you must be over 16, be in employment which is covered by the Social Welfare Acts and be in continuous employment for a period of 2 years. In calculating that 2 year period, certain events will not count as breaking that service. In the event that you were on maternity leave, parental leave, carer’s leave or adoptive leave, these do not count as breaking your service; therefore while on any leave as mentioned, this period is taken into account as part of your service with your employer.
Other situations can range from where you were made redundant before reaching that 2 year period but re-employed within 26 weeks or where you were re-employed within 4 weeks by a firm associated with that of your previous employer, this again does not count as a break in your service. Similar, where you agree with your employer to transfer to another employee or where you make a claim for unfair dismissal and as result of that you are re-instated in your employment, again, either of these will not break your service. Lock out of transfer of ownership will not break your service. Remember, if in doubt; seek the relevant advice to protect your right under redundancy.
Time limit for such claim
Like all aspects of Employment law, certain time limits exist therefore it is important that you act as soon as you become aware that you may have questions regarding redundancy. For more information on your Redundancy needs or any of these topics, please contact us (click here, make an appointment) and we will be happy to assist.
Under the Unfair Dismissal Acts 1977 – 2007 unfair dismissal in a number of different ways. Under this legislation, it provides you with a system of appeal rather than protect you from dismissal; it is this appeal process that questions the fairness surrounding your dismissal.
It may be that your employer terminates your employment with or without notice or where you terminate that employment with or without notice due to the conduct of your employer; this is what is known as constructive dismissal. A dismissal is presumed to be unfair unless your employer can justify this. Under the relevant legislation you can ask from your employer for evidence in writing showing the reason you were dismissed and that request should be given to you within 14 days.
A dismissal is automatically considered unfair if you are dismissed for any of the following reasons:
• Membership or proposed membership of a trade union or engaging in a trade union activities, whether within permitted times during work or outside of working hours
• Religious or political opinions
• Legal proceedings against an employer where an employee is a party or a witness
• Race, colour, sexual orientation, age or membership of the Traveller community
• Pregnancy, giving birth or breastfeeding or any matter associated with pregnancy or birth
• Availing of rights under legislation to maternity leave, adoptive leave, carer's leave, parental or force majeure leave
• Unfair selection for redundancy.
To bring an unfair dismissal under the relevant legislation certain requirements need to be met.
Time limited for such claim;
Like all aspects of Employment law, certain time limits exist therefore it is important that you act as soon as you become aware that you may have questions regarding redundancy. A further point of consideration is the period of time served with the firm.
Normally you must have been an employee working under a contract of service for at least 12 months' continuous service with your employer in order to take a claim for unfair dismissal legislation. However, exceptions exist to this rule where you employment period is not continuous for the period of 12 months due to you being dismissed for reasons of Trade Union membership or activity, Pregnancy or Pregnancy related matters, availing of your rights under the Maternity Protection Acts 1994 and 2004, the Adoptive Leave Acts 1995 and 2005, the Parental Leave Acts 1998 and 2006 and the Carer's Leave Act 2001 and the National Minimum Wage Act 2000.
Certain categories of persons are excluded under the legislation and the Unfair Dismissal Acts do not apply to them,
The Acts do not apply to the following:
(a) an employee who is under 16, or who has reached normal retiring age or who is not covered by the Redundancy Payments Acts because of age
(b) a person working for a close relative in a private house or farm, provided both also live in the same house or farm;
(c) a member of the Defence Forces
(d) a member of the Garda Síochána (since July 2006, the Acts apply to most State employees)
(e) a person undergoing full-time training or apprenticeship in FÁS
(f) an officer of vocational education committees, a county or city manager and the chief executive of the Health Service Executive
(g) an employee who is employed under a fixed-term/specified-purpose contract and where the contract is in writing, is signed by both parties and contains a clause that the Acts shall not apply in relation to a dismissal consisting only of the expiration of the fixed term contract or the completion of the specified purpose. You can find out detailed information about fixed-term/specified-purpose contracts and dismissal in 'Further information' below.
(h) an employee who works outside the State (unless the employee is resident in the State for the duration of the contract or is domiciled in the State and the employer is resident in the State for the duration of the contract)
(i) statutory apprentices who are dismissed within six months after beginning apprenticeship or within one month after the completion of the apprenticeship
(j) an employee who is on probation or undergoing training at the beginning of employment, provided that the duration of probation or training is one year or less and is specified in the written contract of employment
(k) an employee who is dismissed during training for qualification or registration as a nurse or for other specified para-medical employment
Note: The exclusions from the Acts of persons referred to in points (b), (e), (i), (j) and (k) shall not apply where the dismissal results from:
• The employee's pregnancy, giving birth or breastfeeding
• Availing of rights under the Maternity Protection Acts 1994 and 2004
• Availing of rights to adoptive leave or additional adoptive leave, parental leave, force majeure leave or carer's leave
The exclusion from the Acts of persons referred to in points (a) and (d) shall not apply where the dismissal results from the employee availing of the right to parental leave, force majeure leave or carer's leave.
The Unfair Dismissals Acts will not apply to a dismissal where the employee's employer at the commencement of the employment informs the employee in writing that the employment will terminate on the return to work with that employer of another employee who is absent from work while on maternity leave, adoptive leave or carer's leave.
Where you are successful having brought your claim under the Unfair Dismissal Acts, the following award may be made to you:
Reinstatement
This means that you are treated as if you had never been dismissed. Not only are you entitled to loss of earnings from the date of the dismissal to the date of the hearing, you are also entitled to any favourable changes in the terms of employment during that period, example any pay rises which have taken place while you were dismissed.
Re-engagement
This means that you will be given your job back but only from a particular date, usually from the date of the decision by the deciding body. This is more commonly used where the dismissal having been deemed unfair, was been contributed to by the employee and therefore, compensation will not be payable as regards any loss of earnings.
Compensation
This is the most common of the remedies used by the deciding body. Where you suffer financial loss an award of compensation can be made therefore, any stress related issues that result following your dismissal can not form part of that compensation.
Where you feel that you have been unfairly dismissed or for more information on your Dismissal needs or any of these topics, please contact us or click here to make an appointment and we will be happy to assist.