Employment Law

You should seek the best legal advice in relation to employment law.
The main areas of employment law are as follows:-

Unfair Dismissal
this happens when a contract of employment is terminated by an employer without just reason. Such can occur where the employee is dismissed :
• without the employer complying with the requirements of fairness, such as a fair hearing or without due notice;
• without any just reason at all ;
• by being unfairly chosen for redundancy;
• where an employee leaves because the employment is intolerable, this might constitute constructive dismissal (which is another category of unfair dismissal).

Discrimination and Equality at Work:
Employers are obliged to ensure that employees are not discriminated against at work in terms of gender, nationality, ethnicity, sexual orientation or disability. In this regard, employers must ensure that the workplace does not involve discrimination of this nature.

Sexual harassment and bullying at work
The employer must protect the employee against unwanted verbal or non-verbal conduct of a sexual nature, both psychological and physical.
An employer is obliged to examine all allegations of harassment and bullying at work and to do so in accordance with fair procedures and in line with the employer’s grievance and disciplinary procedures.

Requests and issues concerning Data protection:
Employers are obliged to protect the personal data of customers and employees. They must also process properly any data access requests.

Employment Contracts and Terms of Employment
Callinan Murphy strongly recommend that employers and employees put in place contracts which outline the details of employment. This avoids confusion as to the rights and duties of both parties and should define the important areas of the relationship between employer and employee.

Grievance and disciplinary procedures
Procedures in this regard should be clear and comprehensive. In this way, employees will have all the necessary data in the event of a grievance arising or where the employee is being disciplined. It can constitute unfair dismissal if these procedures are not complied with or indeed if they are not in place.

Working Time Regulations
These Regulations specify the legal limits as to the amount of hours that an employee can work on a weekly basis. They also deal with rest periods and allowances in terms of pay for work on Sundays and public holidays.

Payment of Wages
An employer is obliged to produce payslips (and, as stated above, give proper allowances for Sunday and public holiday work). A claim to the Rights Commissioner can be made where there is failure in this regard are a failure to pay normal wages.

Redundancy and re-organisations
In the event of redundancy, an employee is entitled to be paid two weeks salary for each year of service (plus one week’s pay).
Before redundancy can be put in place, strict rules must be complied with and legal advice should be sought to ensure that it is done legally. If there is unfair selection for redundancy, and employee is entitled to take a claim.

Transfer of Undertakings
Where an enterprise is sold or transferred from one owner to another, the rights, entitlements and accrued service of employees are carried forward to the new owner.

Restrictive Covenants and Confidentiality
Most written employment agreements/contracts have clauses requiring confidentiality and also restricting the employee from moving to a new employer ( usually within a certain geographical area and for a specified period of time). The law in this area is detailed and complex and legal advice should be sought.

Trade Union law and collective issues
Employees have the right to join or not to join trade unions (as they choose fit).

Health and Safety in the workplace
This is a detailed area but, in summary, the law lays down standards which must be complied with terms of safety in the workplace.

Employers
Callinan Murphy work with many employers in relation to employment law. We can assist in drafting contracts, advising and setting up proper procedures for grievance, discipline etc. In this way, employers can be protected against claims by employees. Callinan Murphy also act for employers in cases which are heard before the Workplace Relations Commission or before the Courts.
If you require advice, please feel free to contact our employment section