Victimisation

Victimisation

The Acts clearly state that it is unlawful for an employer to penalise an employee for acting on the enforcement of the Acts and/or the Equal Status Act 2000 – 2004. It states that victimisation occurs where the dismissal or other adverse treatment of an employee is a reaction by the employer to a complaint […]

Do I have to go to Court, and will I have to Speak?

Do I have to go to Court

Employment cases are generally dealt with outside of the Court system, so It is very unlikely that you’ll ever have to go to Court.  You may, however, have to attend a hearing at some point.  If the advice is that your employer has breached your rights in employment law, the next step is usually to […]

What Can I Claim For?

making-a-claim

If your employer dismissed you, mistreated you, passed you over for promotion or you lost your job because of your pregnancy or some other protected ground or because you complained about how you were being treated, you could be entitled to redress. If you have been the victim of unfair treatment, discrimination, bullying or harassment […]

Can You Get in trouble for Making a Claim, And What About Costs?

Claims Court

Legally, the answer is an emphatic NO! Your employer cannot discriminate against you, penalise or victimise you simply because you are bringing a claim against them for something that happened at work.  If you have already left or have been dismissed, there is likewise very little that they can do. Your employer (or former employer) may […]

Do I need a Solicitor?

Do I need a Solicitor

The simple answer is No. You don’t need a solicitor to pursue a claim in the WRC. That’s part of the reason the WRC was established. The WRC was set up as a forum to facilitate individual claimants by allowing them to take a claim against an employer without the complication or cost of employing a […]

What if I don’t have an Employment Contract?

don’t have an Employment Contract

That doesn’t matter.  The law assumes that there is a basic contract and that many fundamental employment rights and protections are deemed to protect you even if there’s no written contract in place. Therefore even without a contract, you still have rights as an employee, and you may be entitled to compensation if your employer […]

How Much Is My Claim Worth?

How Much Is My Claim Worth

Well, how long is a piece of string??!!  This is very difficult, if not impossible, to answer at the early stages of your case, and you really should be getting worried if someone tells you otherwise. Awards in these cases are based on a number of factors, principally, how much you were earning in your […]

Redundancy And Unfair Selection For Redundancy

Redundancy

It is important in considering a redundancy situation, and in particular, where one employee is to be selected for redundancy out of a larger group of employees, that a fair procedure is followed in how that individual is selected. Our Clients VF and AD were working for a scaffolding company. They were both long-standing employees […]

Direct Discrimination

Direct Discrimination

Prejudice, Discrimination, and less favourable treatment always reflect on the person judging and not the person being judged. Everyone should be treated equally. So that’s what the great legal minds say… Make Sense?…not really! In a nutshell, to establish direct discrimination, it is necessary to prove that, but for the fact that the claimant falls within one […]

Fixed and Part Time Contracts

Fixed and Part Time Contracts

The Protection of Fixed term and part-time workers has been regulated by statute for some time now, however, the laws are complex and unwieldy.  We are seeing more and more of these claims, particularly in the Public Sector. There is a place for Fixed term contracts, however, as a fixed-term worker, you are entitled to […]

Indirect Discrimination

Indirect Discrimination

“Everything I did was wrong. He started asking me to keep records of things I had never had to do before. He was being so unreasonable that I asked him to give me an example of what he wanted me to do, but he refused. I realise now he was just trying to push me […]

Health & Safety at Work

Health & Safety at Work

Have you been penalised by your employer because you were a whistleblower about Health and Safety at work? Most employers take their Health and Safety responsibilities seriously and act appropriately and conscientiously when an issue concerns health and safety are raised. Others, maybe not so much. Our Client MOR worked for one of the World’s […]

Understanding the 9 Grounds of Discrimination in Ireland9 Grounds of DiscriminationUnderstanding the 9 Grounds of Discrimination in Ireland

9 Grounds of Discrimination

Discrimination is a pervasive issue in societies worldwide, and Ireland is no exception. The Irish Human Rights and Equality Commission (IHREC) defines discrimination as “treating someone less favourably than another person in a similar situation because of a personal characteristic.” The characteristics listed in the Irish Constitution are called the 9 Grounds of Discrimination. Discrimination […]

Maternity Discrimination in Ireland

Maternity Discrimination

Maternity discrimination is a serious issue that affects women all over the world, including in Ireland. It is women’s unfair workplace treatment due to pregnancy, childbirth, or maternity leave. In Ireland, it is against the law to discriminate against pregnant employees, giving birth or on maternity leave. However, despite the legal protections, many women still […]

Sexual Discrimination at Work in Ireland

Sexual Discrimination

Sexual discrimination is a pervasive problem in workplaces worldwide, including in Ireland. Despite laws and regulations protecting employees from this type of discrimination, it continues to occur in various forms, including harassment, bias, and unequal pay. In this article, we will delve into the issue of sexual discrimination at work in Ireland, exploring its causes, […]

The Burden of Proof in Discrimination Cases in Ireland

Burden of Proof in Discrimination

Discrimination is a major problem today and can take many forms, including age, gender, race, religion, disability and sexual orientation. Ireland’s solid legal system protects individuals from discrimination in employment, housing, education and other areas of life.   However, proving discrimination can be difficult, and the burden of proof rests on the victim. This article examines […]

Understanding the Grievance Procedure in Ireland

Grievance Procedure

A formal approach for an employee to bring up a concern or make a complaint to their employer is through a grievance procedure. What makes this significant now? It enables a transparent, reasonable, and equal approach to settling potential workplace conflicts, fostering a productive work environment. Importance of a Grievance Procedure A dedication to a […]

Gross Misconduct in Ireland: An Overview

Gross Misconduct in Ireland

Gross misconduct is a term used to describe severe breaches of an employee’s contract, which can result in the immediate termination of their employment. This usually involves actions or behaviours that are so severe that they undermine the trust and confidence between the employee and employer, making it impossible to continue the working relationship. The […]

Constructive Dismissal Ireland

Constructive Dismissal in Ireland can be a confusing and complex topic for both employees and employers. This comprehensive guide will explore the legalities and employee rights surrounding Constructive Dismissal in Ireland. We’ll explore the process, provide valuable tips, and answer some of this topic’s most frequently asked questions.  Constructive Dismissal Ireland: The Basics What is […]

Guide to Redundancy Law in Ireland

Redundancy Law

Ireland’s Redundancy Act protects workers and employers who have lost their jobs for business reasons. This guide covers dismissal law, key aspects, employee and employer rights and obligations, dismissal procedures, payouts, and appeals. Let’s dive right into it. Key Aspects of Redundancy Law in Ireland Types of Redundancy There are two main types of redundancy […]

Redundancy Calculator Ireland: A Useful Tool 

Redundancy Calculator

In the current economic climate, redundancies have become common in many industries across Ireland. Employers must follow specific procedures and guidelines when making employees redundant, and employees must understand their rights during this process. This is where a redundancy calculator in Ireland can come in handy. A redundancy calculator is an online tool that helps […]

Temporary Lay Off Ireland

Temporary Lay Off

Temporary lay off in Ireland is when an employer temporarily denies work, and the employer intends to reinstate the worker if the situation improves. This article discusses the reasons for termination, the process,  available financial assistance, legal aspects, and how to prepare to return to work.   Reasons for Temporary Layoffs Temporary layoffs often occur due […]

Gross Misconduct & Dismissal in Ireland

Gross Misconduct

Gross misconduct refers to an employee’s actions or behaviours that are so severe that they warrant immediate dismissal without notice or pay in lieu of notice. These actions must be so serious that they essentially destroy the trust and confidence between the employer and the employee, making it impossible for the employment relationship to continue. […]

Maternity and Redundancy Ireland: Safeguarding Mothers’ Employment Rights

Maternity and Redundancy

Although mothers need maternity leave to care for their newborns, it frequently causes them to worry about their job security. The issues of maternity leave and layoffs have received much attention in Ireland. Employers and employees must know these concerns’ legal requirements and ramifications. This article clarifies maternity and redundancy rights in Ireland by providing […]

Disciplinary Procedure in Ireland

Disciplinary Procedure in Ireland

Every workplace has regulations that must be followed. These guidelines are intended to promote positive workplace relations and smooth operations. When these guidelines are broken, disciplinary procedures are employed to address the situation. In Ireland, a legal system and the ideas of natural justice serve as the guidelines for these processes. Understanding Disciplinary Procedure Legal […]

Appealing Unfair Dismissal in Ireland: A Comprehensive Guide

Appealing Unfair Dismissal

Dealing with an unfair dismissal can be a stressful and confusing experience. In Ireland, specific procedures and laws are designed to protect employees and provide them with a means to appeal if they believe they have been unfairly dismissed. This article will delve into the process of appealing unfair dismissal in Ireland. Understanding Unfair Dismissal […]