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Employment Law
We have extensive knowledge and experience in all of the core areas of Employment Law.
We can offer the Employer and the Employee a comprehensive service in the following areas:
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Unfair Dismissal
The Unfair Dismissals Acts apply to employees over the age of 16 years with at least 12 months’ continuous service. The Acts provide for a number of specific grounds under which a dismissal is deemed unfair –
- Membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours
- Religious or political opinions
- Legal proceedings against an employer where an employee is a party or a witness
- Race, colour, sexual orientation, age or membership of the Traveller community
- Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth
- Availing of rights under legislation to maternity leave, adoptive leave, carer's leave, parental or force majeure leave
- Unfair selection for redundancy
Helpful information for you.
Constructive Dismissal
Constructive dismissal arises where you terminate your contract of employment, with or without prior notice, due to the conduct of your employer. Your employer's conduct however must have been such that it would have been reasonable for you to terminate your contract without giving notice.
If you are dismissed you may, under certain conditions, bring a claim for unfair dismissal against your employer. If you do this and your employer accepts that there was a dismissal, it will be for your employer to show that there were fair grounds for the dismissal. Generally a dismissal is presumed to be unfair unless your employer can show substantial grounds to justify it.
If you are dismissed you may, under certain conditions, bring a claim for unfair dismissal against your employer. If you do this and your employer accepts that there was a dismissal, it will be for your employer to show that there were fair grounds for the dismissal. Generally a dismissal is presumed to be unfair unless your employer can show substantial grounds to justify it.
Equality and Discrimination
The Employment Equality Acts 1998 to 2008, cover employees in both the public and private sectors as well as applicants for employment and training, and deal with discrimination within employment.
- Gender
- Civil status
- Family status
- Sexual orientation
- Religious belief
- Age
- Disability
- Race
- Membership of the Traveller Community
Redundancy
Redundancy is where an employee’s position ceases to exist and the employee is not replaced. Any employee aged 16 or over with 104 weeks’ continuous service with an employer is entitled to a statutory redundancy payment in this situation.
The statutory redundancy payment is two week’s gross pay per year of service up to a ceiling of €600 per week plus one week’s pay, which is also subject to the ceiling of €600. This payment is tax-free. Some employers may make redundancy agreements above the statutory rate.
The statutory redundancy payment is two week’s gross pay per year of service up to a ceiling of €600 per week plus one week’s pay, which is also subject to the ceiling of €600. This payment is tax-free. Some employers may make redundancy agreements above the statutory rate.
Terms and Conditions of Employment
The Terms of Employment (Information) Act 1994 provides that an employer must issue their employees with a written statement of terms and conditions relating to their employment within two months of commencing employment. It must include the following:
- The full names of the employer and the employee
- The address of the employer
- The place of work, or where there is no main place of work, a statement indicating that an employee is required or permitted to work at various places
- Job title or nature of the work
- Date of commencement of employment
- If the contract is temporary, the expected duration of employment
- If the contract is for a fixed-term, the date on which the contract expires
- The rate of pay or method of calculating pay
- Whether pay is weekly, monthly or otherwise
- Terms or conditions relating to hours of work, including overtime
- Terms or conditions relating to paid leave (other than paid sick leave)
- Any terms or conditions relating to incapacity for work due to sickness or injury
- Any terms or conditions relating to pensions and pension schemes
- Periods of notice or method for determining periods of notice
- A reference to any collective agreements which affect the terms of employment
Minimum Notice
Both employees and employers are obliged to give notice in the case of termination of employment.
Employees who have been in continuous employment for at least 13 weeks are obliged to provide their employer with one week’s notice of termination of employment. If a greater amount of notice is specified in the employee’s contract of employment, then this notice must be given.
Employers must give employees notice dependent on length of the employee’s service.
Length of Service Minimum Notice
13 weeks to 2 years 1 Week
2 to 5 years 2 Weeks
5 to 10 years 4 Weeks
10 to 15 years 6 Weeks
More than 15 years 8 Weeks
If the employer does not require the employee to work out any part of their notice, the employer is obliged to pay the employee for that period.
Employees who have been in continuous employment for at least 13 weeks are obliged to provide their employer with one week’s notice of termination of employment. If a greater amount of notice is specified in the employee’s contract of employment, then this notice must be given.
Employers must give employees notice dependent on length of the employee’s service.
Length of Service Minimum Notice
13 weeks to 2 years 1 Week
2 to 5 years 2 Weeks
5 to 10 years 4 Weeks
10 to 15 years 6 Weeks
More than 15 years 8 Weeks
If the employer does not require the employee to work out any part of their notice, the employer is obliged to pay the employee for that period.
Annual Leave and Public Holidays
Annual Leave
All employees, full-time, part-time, temporary or casual earn annual leave entitlements from the time they start work. Most employees are entitled to four weeks’ paid annual leave per leave year.
Public Holidays
There are nine public holidays each year: New Year’s Day, St. Patrick’s Day, Easter Monday, the first Monday in May, the first Monday in June, the first Monday in August, the last Monday in October, Christmas Day and St. Stephen’s Day.
All employees, full-time, part-time, temporary or casual earn annual leave entitlements from the time they start work. Most employees are entitled to four weeks’ paid annual leave per leave year.
Public Holidays
There are nine public holidays each year: New Year’s Day, St. Patrick’s Day, Easter Monday, the first Monday in May, the first Monday in June, the first Monday in August, the last Monday in October, Christmas Day and St. Stephen’s Day.
Pay and Wages
The National Minimum Wage (from 1st July 2011) is €8.65 per hour. The National Minimum Wage applies to all employees except:
- Employees in industries (such as the construction industry) which are covered by Registered Employment Agreements (REA's) entitling their workers to a higher minimum wage.
- Employees who are under 18 years of age (€6.06 per hour)
- Employees who are in their first year of employment since turning the age of 18 (€6.92 per hour)
- Employees who are in their second year of employment since turning 18 (€7.79 per hour)
- Employees who are close relatives of the employer
- Employees undergoing structured training such as an apprenticeship (other than hairdressing apprenticeships)
Payslips
All employees are entitled to receive a statement of wages (or payslip) with every payment of wages. This payslip should show gross wage (wage before deductions) and the nature and amount of each deduction.
Deductions
An employer is allowed to make the following deductions from an employee’s wage:
- Any deduction required or authorised by law (e.g. PAYE or PRSI).
- Any deduction authorised by the term of an employee's contract (e.g. pension contributions, or particular till shortages).
- Any deduction agreed to in writing in advance by the employee (e.g. health insurance subscription, sports and social club membership subscription)
Non-Payment of Wages
Non-payment of wages or any deficiency in the amount of wages properly payable by an employer to an employee on any occasion will be regarded as an unlawful deduction from wages unless the deficiency or non-payment is attributable to an error of computation.
Parental, Carers, Maternity and Adoptive Leave
Parental Leave
The Parental Leave Act 1998 entitles each parent to 14 weeks unpaid parental leave. The leave must be taken before the child is 8 years of age, or 16 years of age in the case of children with disabilities. This leave is non-transferable between the parents, except where both parents work for the same employer. However, this depends on the agreement of the employer.
Carer's Leave
Carer’s Leave enables an employee to personally provide full time care and attention for one person for a minimum statutory period of 13 weeks up to a maximum of 104 weeks. Any employee with at least 12 months’ continuous service is entitled to Carer’s Leave if they propose to provide care for a person deemed to be in need of full-time care and attention by the Department of Social Protection.
Maternity Leave
Employees (including casual workers) who become pregnant are entitled to Maternity leave, regardless of how long you have been working for the organisation or the number of hours worked per week. The entitlement to leave is enshrined in the Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004. The current entitlement is to 26 weeks’ maternity leave together with 16 weeks additional unpaid maternity leave.
The Parental Leave Act 1998 entitles each parent to 14 weeks unpaid parental leave. The leave must be taken before the child is 8 years of age, or 16 years of age in the case of children with disabilities. This leave is non-transferable between the parents, except where both parents work for the same employer. However, this depends on the agreement of the employer.
Carer's Leave
Carer’s Leave enables an employee to personally provide full time care and attention for one person for a minimum statutory period of 13 weeks up to a maximum of 104 weeks. Any employee with at least 12 months’ continuous service is entitled to Carer’s Leave if they propose to provide care for a person deemed to be in need of full-time care and attention by the Department of Social Protection.
Maternity Leave
Employees (including casual workers) who become pregnant are entitled to Maternity leave, regardless of how long you have been working for the organisation or the number of hours worked per week. The entitlement to leave is enshrined in the Maternity Protection Act 1994 and the Maternity Protection (Amendment) Act 2004. The current entitlement is to 26 weeks’ maternity leave together with 16 weeks additional unpaid maternity leave.