For the last number of years, we’ve worked on behalf of many employees who have been unfairly treated at work and have taken cases for them to the Employment Appeals Tribunal.
Our goal is always to gain for them fair redress normally in the form of compensation.
So why do they come to us?
“My employer laughed when I said I’d take a claim but now I’m the one laughing thanks to Employment Matters having been awarded over €39,000 by the Employment Appeals Tribunal!”
Mary, 38, Accounts Technician, Waterford
Our Clients are realists.
They know they have a good case but they also know that they have neither the legal expertise nor the capability of successfully handling their claim on their own.
Most of our cases are in the area of Unfair Dismissals.
Sure our Clients could fill in the Workplace Relations form and submit it to the EAT and take a chance that things go their way, but they’re smarter than that.
They understand that by having the right representation, people who understand the law and how it works and who have the experience of building a successful case and who know how the EAT thinks but who also know how their opponents think, that by using someone like that, they’ll get the best possible result.
For example where an employee has been fired without sufficient cause, where someone has been sacked without a fair hearing, where they’ve been unfairly selected for redundancy or where they’ve simply been pushed out the door by the actions of an employer who made their life miserable.
The Rights Commissioner Service and the Employment Appeals Tribunal are the forums in which these cases are normally dealt with.
They were set up as forums intended to facilitate individuals by allowing them the opportunity to take a claim against an employer without the complication or cost of employing a solicitor.
“Employment Matters were great, so professional and efficient, I had a great result within about two weeks of getting them on board.”
Joe, 32, Manager, Waterford
The difficulty of course is that the employer is almost always represented by legal professionals. This of course unbalances the status quo. Often the employer can afford highly paid solicitors and even legal counsel such as Junior and even Senior Counsel.
And an individual claimant is faced with this. The cost of fighting a case in this way can be extremely high and very stressful.
And so many people still do manage their own claims. But, it’s a fact that their applications are generally poorly prepared, badly submitted, managed and run and as a result they often fail.
“I have worked with Sean on a number of occasions in the past and found him a great to work with. Possibly one of the best negotiators I have seen to date. As a lawyer he is a formidable opponent, but at all times fair and honest to work with. Our Firm as sub contracted Sean to carry out dispute resolution on behalf of our clients. I can safely say that we have never had an unsatisfactory outcome and will continue to brief Sean in this regard for hopefully many years to come.”
Victor Clarke, Managing Partner, Clarke Jeffers, Carlow
When they are successful they usually fail to achieve the full value of the claim.
The average payment in the employment appeals tribunal is €11,000. Our average settlement is in excess of €30,000 that’s almost three times the EAT average award.
Now to be 100% clear…we’re not suggesting that anyone should ever or that we would ever entertain an embellished claim. In fact we will never take a claim that we don’t truly believe is genuine and merited and that’s why all of our Clients must fill in a client application form before we’ll take them on.
“Thanks Sean, you really helped me out. If it wasn’t for you, I’d have probably had a heart attack from the stress of the whole process…and what a great result, I can’t recommend you highly enough.”
Brian, 26, tyre fitter, Wexford
But people do make claims that are either disingenuous or dishonest, people also defend claims in this way and we do know that unless you properly prepare, submit and run your claim you risk losing out on compensation that you deserve simply because you haven’t properly identified, explained or communicated your claim to the Tribunal or Rights Commissioner. Or the Tribunal simply believe your opponent more than they believe you.
In fact often it’s the case that a claimant may not even themselves understand the merits of their case and it is only on review that we discover other avenues on their behalf. But also that they haven’t considered that it is not simply a matter of turning up and collecting the compensation!
So if you’d like to make your own claim please at the very least request a copy of our unique report.
“Thanks for all of your help. Being foreign I hadn’t any clue about my employment rights and you made it so easy for me and got me what I deserved.”
Anna, 28, Chef, Tramore
If you’d like to make an appointment to have your case reviewed without obligation please complete the form above, call us on 1890 88 90 or click here for a free no obligation consultation.
What happens then:
At that stage we will ask you to submit your query and we will make an appointment to meet with you and review your claim. If we believe that your claim is merited we will progress your case and you will get the benefit of our unique Service Guarantee.
“I would highly recommend Sean.”
Cathal Young, Partner, Cathal N. Young, O’Reilly & Co. Solicitors, Dublin
The Employment Appeals Tibunal
The Employment Appeals Tribunal is an independent body in Ireland which enables individuals to use this informal and generally inexpensive way to seek redress when they have not been afforded all of their employment rights.
The Employment Appeals Tribunal is established to deal with employment disputes and disagreements under sixteen different Acts which include Redundancy Acts, the Unfair Dismissals Acts, Payment of Wages Act, Maternity Protection Acts and the Minimum Notice and Terms of Employment Acts.
The Employment Appeals Tribunal is a fair way to try and solve disputes between employers and employees. The tribunal at each Employment Appeals Tribunal consists of a chairperson, one representative from a panel formed by the Trade Unions and one representative from a panel formed by employer organisations. This panel is a way of ensuring that the hearings and decisions are fair.
You as an employee can apply to the Employment Appeals Tribunal in two different ways. The first way to apply is if you have already attended a Rights Commissioner Hearing and you were not happy with the outcome or you can also apply directly to the tribunal. Both application forms can be obtained on the Employment Appeals Tribunal’s website.
Once the application is made, the employee must wait to receive correspondence from the tribunal’s secretariat. Due to the increased number in applications being lodged to the tribunal the waiting times for a hearing has increased significantly.
At the tribunal hearing it will be carried out in an informal way however they are conducted in a very structured manner. At the hearing, you as the employee will have to make an opening statement, bring witnesses, cross-examine any witnesses called by the other party and give evidence on you own behalf and also address the tribunal at the close of proceedings. The thought of doing all of this may be daunting so that’s why most people will find that it is better to have representation at the hearing who will present your case for you and ensure that all the facts and evidence are presented in the best way possible as the Employment Appeals decisions are legally binding.
However, if an employee is not satisfied with the decision of the Employment Appeals Tribunal you can appeal this decision to the Circuit Court, High Court or the Labour Court depending on the Act which your complaint falls under.
The Employment Appeals Tribunal can be a complex process to go through and if you are seeking the best possible outcome for your claim it may be best to seek some advice.
By contacting us we can advise you on your employment rights and also go through the entire Employment Appeals process with you right from application to redress and hopefully compensation. To find out more call us now on 1890 88 90 90 or send us an enquiry now.