As more and more people are losing their jobs in the current economic climate, the need for good advice in issues related to this subject is essential.
The first port of call for most employment law problems lies with the Rights Commissioner and failing a satisfactory outcome the matter can then be heard before the E.A.T (Employment Appeals Tribunal) whose decision can ultimately be appealed to the Circuit Court.
The following are examples of some of the areas of our expertise:
- Unfair Dismissal
- Harassment/Victimisation/ Bullying
- Holiday Entitlements
- Leave Entitlements
- Discrimination in the workplace
- Health and Safety
- Company Policies
In Unfair Dismissal cases, substantial grounds must exist to justify the dismissal. Furthermore, fair procedures must be followed in effecting the dismissal. An employee must have one year’s continuous service with the employer in order to be able to bring a case for Unfair Dismissal.
One year’s continuous service is not required where employees can show that they were dismissed because of trade union membership or activity, pregnancy, breastfeeding or related matters, or because they exercised their statutory rights to maternity leave, adoptive leave or parental care.
If you leave without being dismissed, you may have a claim for unfair dismissal. This is known as constructive dismissal and it arises where an employee believes they had no alternative but to leave because the conditions in work are being made too difficult for them to continue working.
Redundancy arises where a job ceases to exist. The reasons for a job ceasing to exist might be due to the financial position of the employer, lack of work, the business closing down or a re-organisation within the business. In order to qualify for a statutory redundancy payment, an employee must have at least two years continuous service with the employer.
Bullying and Sexual Harassment in the workplace
Employers are obliged to create a work environment free of bullying and harassment by putting in place policies designed to prevent bullying or harassment occurring and not just to deal with incidents when they arise.
All employees have the right to be treated equally regardless of gender, marital status , family status, sexual orientation, age , disability, race, religious belief or membership of the travelling community in work and when seeking work. Discrimination on any of these nine grounds during the recruitment process or in the workplace is unlawful.
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