LEGAL COLUMN: Employment Law - all you need to know

Legal advice with Conor McLaughlin, Solicitor

Legal column

I mean, there's no arguing. There is no anything.
There is no beating around the bush.
'You're fired' is a very strong term.
- Donald Trump US President

Employment Law
Our Employment Law Solicitors can advise on the recent changes to employment law which in many cases mirror the changing working environment. Our Employment Law Solicitors provide advice to Irish private clients and also businesses from all sectors of the Irish workforce and are aware of the sensitive nature of employment relationships in today’s world.

What is an Employment Contract?
An employment contract is a written statement outlining certain terms and conditions that govern your relationship with your employer.

Employment Contract & Rights
Our Employment Law Solicitors will advise you on the terms and clauses of your employment contract. We can also advise you where your employer has not furnished you with an employment contract. There are a number of set clauses required in any employment contract and our Employment Solicitors can review same.

Conor McLaughlin, Solicitor and Principal at Conor McLaughlin & Associates

What are some of the main items that should be included in an Employment Contract?
- The names of the employer and employee;
- Employment start date;
- Remuneration;
- Holiday details;
- Hours of work;
- Terms regarding illness;
- Pension details;
- Job title;
- Place of work;
- Notice period; and
- Disciplinary & Grievance procedures.

What is Unfair Dismissal?
An unfair dismissal can occur under the Unfair Dismissals Acts 1977-2015 where an employer terminates your contract of

- Political or Religious opinions;
- Union Membership;
- Gender, Sexual orientation, Colour, or Age;
- Unfair selection for Redundancy;
- Protected Disclosures;
- Pregnancy or breastfeeding or any matters connected with childbirth; and
- Availing of rights under legislation to maternity, adoptive, paternity, carers or parental leave.

What is Constructive Dismissal?

A constructive dismissal occurs under the Unfair Dismissals Acts 1977-2015 where your contract of employment is terminated, with or without notice, due to the conduct of your employer. Your employer’s conduct must have been of such a manner that it was reasonable for you to terminate your contract without giving notice.

What are examples of constructive dismissal?
- A failure to pay correct salary.
- A failure to pay compensation.
- A failure to investigate a grievance.

Why do you need an Employment Solicitor?
Our Employment Solicitors have experience in all aspects of drafting, preparing and executing your Employment law matter either through the WRC or the Labour Court. Our Employment Solicitors have the knowledge and experience to advise on all aspects of Employment law. Our Employment Solicitors understand the impact and stress that these decisions may cause and are here to help you through that experience.
Our Employment Solicitors review the relevant legal documentation and move quickly to bring the process to a swift conclusion while keeping you up to date throughout. We strive to make sure your experience is stress free.

Our 5-stage process

Consultation
A consultation will allow our Employment Law Solicitors to understand your case and for you to understand how your matter will be progressed.

Documentation Review
Our Employment Law Solicitors will review all necessary documentation and assess the merits of your case.

Letter of Advices
Once we have full instructions and a copy of all relevant documentation, we will be in a position to provide advices which outline the legal paths open to you.

Settlement
We may approach the other party with respect to settling the matter. This will depend on your instructions and on the strengths and weaknesses of pursuing the dispute through the courts.

Proceedings
We will advise you in respect of each aspect of litigation with a view to achieving a resolution for you as quickly as possible.

The above article is one of a series of bi-monthly legal articles drafted by Conor McLaughlin, Solicitor and Principal at Conor McLaughlin & Associates. They do not constitute legal advice and should not be acted upon without seeking legal advice particular to your set of circumstances. Conor McLaughlin & Associates have their offices in Bundoran, County Donegal. For further information on the above or any other legal issues you may have, please contact us on TEL: 071 984 1322, Email: info@cmclassociates.com or at www.cmclassociates.com

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