Employment Law

Do you have a written contract showing their terms of employment?

(You should have!)

Do you have statement of your wages showing all deductions? 

(You should receive such a statement!)

Does your employer provide a safe place of work? 

(He is obliged to do so!)

Is First Aid available at  your place of employment?

(It should be!)

Have you seen the Safety System?

( You should see the Safety Statement and it should be brought to your attention by your employer!)

If you have a problem with your current employment or you have left employment you should contact a Solicitors immediately.

There are very strict time limits in which to bring claims regarding employment matters:

Unfair Dismissal claims - within six months
Payments of wages - within six months
Claims under the organisation of working time act - within six months

Know your rights:

Minimum Notice
If you have been in employment for more than 13 weeks and you work 8 hours per week you have to be given minimum notice when being made redundant.  See the table below in relation to length of service and minimum notice.

Holidays
All employees are entitled by Law to a maximum annual holidays of 4 weeks (20 working days)


Public Holiday
Most employees are entitled to have paid leave on Public Holidays.  One exception is part time employees who have not worked at least 40 hours in the 5 weeks before the Public Holiday.  Employees who qualify will be entitled to either the Public Holiday or one of the following alternatives:-

• A paid day off within a month of the Public Holiday.
• An additional day of annual leave.
• An additional days pay.
• The nearest Church Holiday to the Public Holiday as a paid day off.

Leglislation has had a very considerable impact on employment relationship in recent years.  The principal leglislation is as listed below.

1. The terms of Employment Information Act 1994.
2. The Organisation of Working Time Act 1997.
3. The Unfair Dismissals Act 1977 - 1993.
4. The Parental Leave Act 1998 and the Paternity Protection Act 1994.
5. The Payment of Wages Act 1991.
6. The Employment Equality Act 1998.
7. The Safety Health & Welfare at Work Act 1989.

Of late bullying, harassment and stress at work this is an area that has expanded.

Bullying
A single isolated incident shall not be considered as bullying.  It may amount to unacceptable behaviour but does not constitute bullying.  For bullying to be established a person must show that there has been more than one incident. 

The Safety Health & Welfare at Work Act 1989 does not mention Bullying expressly however it expands the scope of bullying to clearly include more than pure physical harm.

The Health and Safety Authority has a code of practice for Employers and Employees re bullying at work.  Visit www.hsa.ie.

The Samaritans recently conducted a survey including some 500 workers in Ireland which suggested that 80% of Employees have experienced bullying at work and 25% have suffered stress as a direct result.


Trade Unions
We have significant experience in relation to all matters pertaining to trade union law.  We advise Trade Unions in relation to their obligations under Trade Union Legislation.  We have also advised in relation to the establishment of Trade Unions.