Our Job Is To Get You Compensation You Deserve

Constructive Dismissal

Have you been forced to resign from your Employment because of the conduct of your Employer?

Has your Employer failed to deal with your reasonable grievances and complaints?

If you resigned from your employment within the last six months because of the actions of your employer and had in excess of 12 months service, you have no time to lose!

  • Were you bullied in the workplace?
  • Was the treatment you experienced at work so unreasonable that you couldn’t continue to work there?
  • Were your reasonable complaints ignored?
  • Did you have access to a fair impartial grievance procedure?
  • Did you a raise a grievance and your employer either ignored it or simply went through the motions dismissing it?
  • Did your employer change fundamental aspects of your employment without your agreement or consent?
  • Did your employer impose a pay-cut on you without your consent?
  • Were you forced to resign your position because of work conditions?
  • Were you forced to resign your position because of the conduct of your boss or others in the workplace?
  • Were you forced to resign your position because it became clear to you that your employer didn’t want you there any longer?

If the answer to any of the above is yes, then you could be entitled to redress for what is known as “Constructive Dismissal”.

Our Client SG resigned her position from one of the big banks because of what she viewed as the unreasonable treatment of her by her line manager. He had become increasingly unreasonable regarding his work demands and his assessment of her work. He subjected to undue scrutiny and unfair and unwarranted criticism at a time where the bank had been undertaking significant cuts to their resources and in which SG’s workload had increased exponentially. SG suffered from very severe stress and anxiety as a result and raised the matter on a number of occasions with those higher up the ladder but to no avail. She was repeatedly met with the refrain that she was lucky to have a job in such difficult times. Redundancies were planned and SG was in line for a significant payment if selected however she could not wait and decided to resign her position with immediate effect even though she had no other job to go to.

What should you expect?

SG was extremely nervous about having to face her former employer.  In fact, so much so that it was quite an achievement to even get her to the hearing of the case!  She was brilliant though, giving evidence in what were for her extremely difficult circumstances.  She simply told the truth, warts and all and guided by us and with the assistance of comprehensive written submissions, she was awarded €35,000 in compensation.

I was devastated that my career had come to an end because of the actions of a small number of people in a large organization. The problem of course was that this was ignored at the tip and I was simply abandoned by my employer. I felt that no-one cared and then a friend referred me to employment matters. While the process was certainly daunting to have them with me every step of the way made it far easier to handle. Their professionalism and competence blew me (and my former employer) away. At times, they seemed to know more about my case than I did! Anyway, I’m so glad I did it and I was vindicated. The money was nice but the thought that I had won was worth more than anything.” SG, Carlow.

Do I have to go to Court?

Employment cases are generally dealt with outside of the Court system at the Workplace Relations Commission (WRC), so it is very unlikely that you’ll ever have to go to a “Court”.  You may however have to attend a hearing in the WRC at some point.  If your former employer accepts that they’ve done something wrong or if they have an aversion themselves to fighting you, they may well agree to pay you compensation.  In those circumstances, no hearing will be necessary.  We find that about 60% of our cases never make it to a formal hearing.  The other possibility is that they might deny any liability or wrongdoing and call upon you to prove your claim fully.

Many employers will string an employee along initially, to see how serious they are, in the hope that they may drop the case.  But when they see that this is not going to happen, they may well think twice and decide to try and resolve the dispute.  It is impossible to say at the outset of an employment claim which route an employer (or an employee) will take.  At the end of the day, many of our Clients will say that it is not about the money, they want their employer to understand that they cannot treat people in this way.

To apply to the Workplace Relations Commission for redress you simply complete and submit the workplace relations complaint form online at the WRC’s website www.workplacerelations.ie.

It is crucial that when completing this form, you correctly identify your employer.  Many employers operate under a trading name but have been constituted in the form of a limited company.  You must ensure that you correctly name that limited company on the form, as this is the legal entity that owes you a legal obligation.  You can check the employer’s legal identity here www.vision-net.ie.

Once the claim is lodged, you will need to draft written submissions outlining what you allege your employer did wrong and highlighting the parts of employment law that you say they contravened.  We usually instruct a barrister to assist with this and to draft the appropriate legal submissions.

Once these submissions have been filed and served on the other side, they are given an opportunity to file a reply.  In this they will no doubt deny what it is you are alleging and maybe set out what in their opinion occurred.  Assuming liability is denied it is up to an adjudicator to decide on the issue.

This is done at the formal hearing of the case and each side is given an opportunity to introduce evidence both oral and written, to cross-examine witnesses and to make additional oral submissions on the matter.  It is usually the cross-examination that people fear most!  Often that is why it is useful to have someone who is familiar with the set-up alongside you or at least someone there to support you.  But rest assured it is not quite as bad as you would think.  People are generally quite polite, and the Adjudicators are very well seasoned and take much care to ensure that witnesses are protected from inappropriate badgering or haranguing by either side.  We do find however that employers are invariably represented by solicitors and often legal counsel (barristers) as well.

What if they Employ a Big Dublin Firm to Fight Me?

Big companies often do.  And they think that this firm will produce some silver bullet and make it all go away.  But, that’s not the way the law works.  The law works on facts and evidence and legal and oral submissions and just because a big Dublin firm says it’s so, doesn’t necessarily make it so.  They can’t change the law or your rights, they don’t know any more about the law than we do and it is certainly unlikely that they will have any more experience than us.  And at the end of the day, regardless of resources or money, at the hearing of your case, there’s only one Adjudicator who can make the decision.  And he will hear both sides and make a decision based on the oral and written submissions and there’s nothing a big firm or a big company can do to change these things.  That’s not to say that an employer won’t lie to his representative and to the Adjudicator and there’s very little anyone can do about that.  But the person who comes and lies to the WRC or the Labour Court will very quickly find their story unravelling in evidence and under cross examination.  And we will be there with you throughout to make sure that happens.

We act in cases just like yours everyday of the week and we know our way around the WRC, the Labour Court and employment law.  We will help you to ensure that you put your very best case forward, ensuring that you are given the best chance of success.

Can I be responsible for their costs of defending the case?

In short No. The WRC and the Labour Court are not entitled to award costs against you if you are unsuccessful in your claim. Similarly though they cannot award you costs if you are successful so the legal costs of your claim must come out of your award.

So, if you have been the subjected of unfair treatment or a unilateral change to your contract of employment just give us a call to discuss your options.

What to Do Next – Stand Up to them!

The actions you take now and the choices you make, will not only have a big impact on your own life, but could also affect how other workers are treated in the future.  You can choose to walk away and simply suffer your situation in silence or you can be proactive, stand up for yourself and take control of it.  Things need to change and the only way of changing it is by standing up against it.

To do that you need help, someone who can give you a platform and take control.  You need information and advice from experienced and trusted experts which will allow you to understand your rights and give you the support you need to help you to proceed.  You need someone to guide you through the process, and have your back every step of the way, explain what is otherwise a very off-putting and forbidding environment and do some of the dirty work and heavy lifting for you.

What we Do

Our dedicated team of professionals has huge experience working on behalf of and with women in these types of situation.

We have the legal knowledge required to guide you through this complex situation and give you the advice and support you need right now.

We are experienced at resolving these types of claims quickly and effectively – often without you even having to face a drawn-out battle in the WRC.

We understand the emotional pressure and stress you are going through and we can help ease the trauma of it all.  Our aim is to work for you to achieve the best possible outcome so that you can move on with your life.

We will;

  1. Listen to You!
  2. Advise you on your legal rights;
  3. Take all the necessary legal steps required to make your voice heard and;
  4. Get you compensation.

With You, Every Step of the Way

Most of all, we will be with you, every step of the way and when push comes to shove, we will be your voice and put those heard questions, that others may be afraid to ask, to the bullies and make them see the error of their ways.

Barrack Obama once said “one voice can change a room, and if it can change a room, it can change a city and if it can change a city it can change a nation and if it can change a nation it can change the world”.

Make your voice heard and help to change something…

Our service is confidential, discrete and tailored to each Client to fit their individual needs.  We will never disclose your information to others.

What do I need to Do Next?

Every month, we offer a select number of potential clients an opportunity to meet with one of our team for a free, no obligation, initial consultation to discuss the options available to you.

At that meeting we will LISTEN and go through with you every aspect of your case and can give you clear advice about your options, what legal steps you can take to make this stop and we will also explain the whole process and the strengths and weaknesses of your case.  If you wish to proceed we will file your claim, draft written submissions and represent you at any hearing in the WRC or Labour Court.

Due to high demand and because we only work with a limited number of cases, we only offer 20 appointments a month.  We know that these appointments always fill up very quickly.  Contact us today to see how we can help you chose the outcome you want.  Please also remember that you only have six months from the last date of harassment to make your claim so don’t delay, the clock is ticking.  After that six months time limit passes, your claim is what’s called “statute barred” which means that you can’t make a claim at all after that.

Make An Enquiry

Call us today on 1890 88 90 90 or email info@employment-matters.ie to find out more about how we can help or click here to make a Free Online Enquiry and we will soon be in touch to help you.