Geraghty Solicitors

In Ireland, over the last decade there have been substantial changes in employment law legislation which has had a considerable impact on employment relationships.

At Geraghty & Co. we advise on a broad range of employment law issues from the preparation of employment contracts to unfair dismissals, constructive dismissals, redundancies, collective redundancies and all types of employment disputes.

We can provide representation before Employment Appeals Tribunals, Right Commissioners, Labour Relations Commissioners, the Labour Court, Courts and Equality Authority and can guide and advise in relation to disciplinary investigations and internal and external hearings. .

We also can assist you in drafting contracts of employment and employment manuals which can be tailored to your specific needs and requirements and advise you in relation to rights and duties under employment and equality, health and safety and other relevant legislation

At Geraghty & Co, Davitt Geraghty, holder of a Diploma in Employment Law, and Brian M. Geraghty, a qualified Accredited Mediator, specialise in this area of law and they can offer expert advice to both employees and employers in every aspect of employment law, including all remedies and procedures, taking into account all the most up to date legislation and case law changes which may impact your particular circumstances.

NB! The majority of claims under employment law legislation have a time limit of six months from the date of the action (i.e. dismissal) before they are statue barred.

• Unfair Dismissal/ Constructive Dismissal
• Redundancy
• Bullying, Harassment, Sexual Harassment and Work Related Stress
• Contracts of Employment
• Health and Safety Issues
• Unfair Dismissal/ Constructive Dismissal

The Unfair Dismissal Act 1977 – 2007, provides protection for employees from being unfairly dismissed from their jobs.

The said legislation does not actually protect you from a dismissal, rather it provides a system of appeal whereby you can question the fairness of your dismissal after it has occurred and you may be placed back in your job or, more commonly, you may receive compensation for the loss of earnings caused by the dismissal.

Not all employees are covered by the legislation. The basic requirements are as follows:

1) One year’s continuous service with the employer
2) Work for at least eight hours per week
3) Have not reached the normal retirement age for the employment in question.

A dismissal occurs when your employer terminates your contract of employment, with or without giving notice to you.

For a dismissal to be deemed “Fair” two fundamental principles must apply:
1) Substantial grounds must exist to justify the termination of a contract of employment; and
2) Fair procedure must be followed in effecting the termination

Constructive Dismissal

You terminate your contract of employment, with or without notice, due to the conduct of your employer which can be construed as a dismissal if your conditions of work are made so difficult that you feel had to leave your job.
Your employer’s conduct however must have been such that it would have been reasonable for you to terminate your employment.

If you have been dismissed by your employer and feel that you may have been the subject of an unfair dismissal or that your conditions of work were so difficult that you felt you had to leave your job, we would advise you to contact us for information and advice.

If, in your capacity as an employer, you wish to terminate an employee’s contract of employment, we would strongly advice that you would seek legal advice in order to effect a “Fair” Dismissal.

Redundancy

Redundancy is an absolute defence to a claim for unfair dismissal, provided the employee has been fairly selected for redundancy. It is very important for an employer to understand all the obligations under this area and for an employee to understand all entitlements.

A redundancy situation arises when an employee’s job ceases to exist and the employee is not replaced. It may arise due to the financial position of the company; a downturn in work, the employer ceases to trade or the employer has decided to re-organise the business. It is the position, and not the person, that is made redundant.

The primary legislation governing redundancies in Ireland is the Redundancy Payments Acts, 1967 to 2007.

An essential feature of redundancy dismissal is the requirement that the function be redundant, not necessarily the person, and that there be an element of “impersonality” about the dismissal. There is an onus on the employer to justify the selection.

In the absence of an established procedure and where there are two or more employees engaged in the same position, the employer is obliged, to adopt an objective criteria for determining who should be selected for redundancy. In the absence of a criteria most employers resort to the principle of “last in first out”.

Employers are generally obliged to pay compensation to employees dismissed by reason of redundancy. This is called a Statutory Redundancy Payment. To be eligible for this payment, employees must have at least 2 years continuous service and be in insurable employment.

There are numerous potential pitfalls to redundancy law which both employer and employee should be aware of. If you are an employer or an employee who is being affected by redundancy you should contact us for information and advice.

Bullying, Harassment, Sexual Harassment and Work Related Stress

Bullying in the workplace is repeated inappropriate behaviour that undermines an employee’s right to dignity at work. Bullying can be in the form of verbal and physical bullying, intimidation, isolation and exclusion and/ or aggressive or obscene language

It is important to note that an isolated incident in the workplace cannot amount to bullying but it may amount to harassment.

Harassment at work is defined as “unwanted conduct” which “has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person” by reason of that person’s gender, marital status, family status, sexual orientation, age, disability, race, religious belief or member of the traveling community. Harassment not related to the aforementioned grounds may be construed as a Health and Safety issue.

The “unwanted conduct” includes spoken words, gestures or the production and display of written words, pictures and other material. This includes offensive gestures or facial expressions, unwelcome and offensive calendars, screen-savers, e-mails and any other offensive material.

Harassment can be by a fellow worker, a superior, a client, a customer or any other business contact. Harassment can take place at work or on a training course, on a work trip, at a work social event or any other occasion connected with the job.

Sexual harassment is any form of “unwanted verbal, non-verbal or physical contact of a sexual nature” which “has the purpose or effect of violating a person’s dignity and creating an intimidating, hostile, degrading, humiliating or offensive environment for the person”. The “unwanted conduct” includes physical contact, spoken words, gestures or the production and display of written words, pictures and other material. This includes offensive gestures or facial expressions, unwelcome and offensive calendars, screen-savers, e-mails and any other offensive material.

Sexual harassment can be by a fellow worker, a superior, a client, a customer or any other business contact. It can take place at work or on a training course, on a work trip, at a work social event or any other occasion connected with the job.

Work related stress is the harmful physical and emotional responses that occur when the requirements of the job do not match the capabilities, resources, or needs of the worker. Job stress can lead to poor health (mental and physical) and even injury.

If you feel you are being bullied harassed, sexually harassed or are suffering from work related stress at your workplace feel free to contact us in confidence for information and advice.
All employers are required to have an anti-bullying policy in the workplace and established procedures for dealing with complaints of bullying. Employers should carry out a risk assessment at their place of work in the preparation of a Safety Statement.

Contract of Employment

Anyone who works for an employer in Ireland for a regular wage or salary automatically has a Contract of Employment, regardless of whether it is written or not. An employer, however, is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment.

When you work for an employer in Ireland for a regular wage or salary you automatically have a Contracts of Employment, regardless if you have a written contract or not. A Contracts of Employment can either be written or oral, expressly stating your terms and conditions, or implying them. The usual rules of contract apply; there must be an offer, an acceptance and consideration.

We can provide assistance in drafting Contracts of Employment and Employment Manuals which can be tailored to your specific needs and requirements depending on your business.

We also advise employees in relation to Contracts of Employment which they are going to sign.

Health & Safety Issues

Both employers and employees have a number of duties under health and safety legislation, including providing a safe place of work and taking reasonable care to protect the health and safety of others. The Safety, Health and Welfare Act 2005, which came into operation on 1st of September 2005 is a key piece of legislation in this area.

Our firm provides advice and information on health and safety law and will draft policies to suit specific workplaces.