Employment Law

Ferrys Solicitors provide representation for Employees and Employers at all relevant venues including the Workplace Relations Commission, the Labour Court, the Circuit Court and the Superior Courts, including the High Court. We provide clear legal advice to workers regarding their rights as an employee.  We also advise employers regarding their duties and obligations under Irish employment legislation.

The Workplace Relations Commission is generally the first stage in most employment law proceedings. The Commission is an independent body established in 2015 which is bound to act judicially and was set up to provide a speedy, fair, inexpensive and informal means for individuals to seek remedies for alleged infringements of their statutory rights to cover all areas of the Employee/Employer relationship.

We provide clear legal advice to Employees regarding their rights.  We also advise Employers regarding their duties and obligations under the applicable Irish and European Employment Legislation.

Some of the areas of Employment Law we advise on:

  • Unfair Dismissal
  • Constructive Dismissal
  • Wrongful Termination of Contract
  • Employment Contracts
  • Injunctions to prevent Disciplinary processes proceedings and/or to prevent dismissal
  • Discrimination on Equality Grounds
  • Bullying and Harassment in the Workplace
  • Disputes in relation to pay, holiday entitlements, maternity leave, parental leave
  • Termination/Severance Agreements

Case Study: Employee Dismissal

 

For an employee to be fairly dismissed there must be substantial grounds to justify the termination of their employment and the employer must provide an investigation and disciplinary process that adheres to the obligation to ensure clear, fair and transparent procedures.

For an employee to be eligible to bring a complaint under the Unfair Dismissals legislation, he/she must have at least one year’s continuous service with the employer.  This is not required if the employee was dismissed because:

  • they are a member of a trade union or have taken part in trade union activity
  • they are pregnant, breastfeeding or other related matters
  • they have exercised their statutory rights to maternity leave
  • they have exercised their right to adoptive leave or parental care

An employee may also claim under the unfair dismissal legislation in certain situations where they left their job without being formally dismissed. This arises where an employee is of the view that they have no other option but to leave their job, for example due to the fact they consider that their conditions of employment are so unreasonable that they have no alternative but to resign. This is known as constructive dismissal.

Where you lose your job due to circumstances such as the closure of the business or a reduction in the number of staff this is known as redundancy. Redundancy may also occur due to the financial position of the firm, the firm ceases its operations, or a reorganisation within the firm. An employee must have at least two years continuous service to qualify for a statutory redundancy payment. Even in redundancy situations employers are legally obliged to follow procedures to ensure a clear, fair and transparent process and if they fail to do so may be liable under the Unfair Dismissals or Employment Equality legislation.

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