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Redundancy – Why You Lose Even if You Win

My client worked for a multinational company. My interpretation of events is that the multinational decided to employ an independent contractor to do my client’s job because in doing so they would save a substantial sum each year. They therefore made my client redundant. My client sued because he wanted his job back and he […]

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Bullying, Harassment & Work Related Stress Claims

There has been a phenomenal growth in the number of work related stress claims. These claims are often called bullying and harassment claims and because of their nature, bullying and harassment claims can be extremely difficult and they require specialist and expert legal assistance and advice. When assessing whether or not a person should be […]

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Employment Permits

Summary: The Department of Enterprise, Trade and Innovation run a number of schemes under which applicants can apply for permission to work in the State. The various categories include green card, work permit and intra-company transfer. Business permission is dealt with by the Department of Justice and Equality. There are clear set criteria for permission […]

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Sick Pay

An employee in Ireland has no statutory right to be paid while on sick leave. It is therefore at the discretion of the employer to decide whether to provide sick pay and sick leave. Under the Terms of Employment (Information) Act 1994 and 2001 an employer must provide an employee with a contract of employment. […]

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Redundancy

In order to qualify for a redundancy payment an employee must have worked continuously for an employer for a period of at least two years (104 weeks). The main points to consider when seeking redundancy payments: You must receive a Redundancy Certificate from the company. This must be given to the employee not later than […]

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Parental Leave

PARENTAL LEAVE ACT, 1998  – KNOW YOUR RIGHTS! The Parental Leave Act, 1998 entitles an employee who is the natural or adoptive parent of a child to be entitled to leave from his or her employment for a period of 14 working weeks to enable him or her to take care of the child. However […]

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Maternity Leave

It can be difficult enough trying to cope with morning sickness, tiredness and finding clothes to fit without the added stress and worry about job security during your pregnancy. Maternity Rights in Ireland are reasonably well covered by legislation. Below are a summary of your rights: Working women in Ireland are entitled to 26 weeks […]

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Health and Safety in the Workplace

The rights and obligations of both employees and employers are set out in the Safety, Health and Welfare at Work Act, 2005. Employers Duties Provide and maintain a safe workplace which uses safe plant and equipment Prevent risks from use of any article or substance and from exposure to physical agents, noise and vibration Prevent […]

Dismissal Procedures & Conflict Resolution

Dismissal will not be deemed to be unfair if certain grievance and disciplinary procedures are followed. The Code of Practice on Disciplinary and Dismissal Procedures (“the Code”) This code (SI/146/2000 – Industrial relations Act, 1990 Order, 2000) was drafted by the Labour Relations Commission to provide guidelines for employers on the general principles regarding dismissals […]

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Redundancy for Employers

In order to qualify for a redundancy payment an employee must have worked continuously for an employer for a period of at least two years (104 weeks). There must be legitimate reasons for redundancy. The dismissal must result wholly or mainly from one of the following reason:  Business closure or relocation Where the employer intends […]

Brophy solicitors Employment Law

Employment Law

Employment Law Assistance If you are an employer or an employee, you need sound commonsense employment assistance. The area of employment law has developed almost beyond recognition over the past 10 years. The law in relation to bullying and harassment, discrimination in all its forms, health and safety issues and the matters connected with the […]

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EMPLOYMENT TERMINATION PAYMENTS

Employment Termination Payments (EFPs) are lump sum payments made to employees on the termination of their employment contract. Firstly payments made to departing employees essentially fall into 3 different categories; (1) Statutory Redundancy, (2) Ex-gratia Termination Payments, and (3) payments made on foot of a legal obligation, e.g. a payment required via the Employee’s employment […]