Our firm has been involved in all types of conveyancing matters for in excess of 50 years and thus we have experienced conveyancers who investigate in detail, contracts and title documents. The Geraghty & Co. mantra is “The day you buy is the day you sell”, in other words, if all is not in order when you purchase the property, you will experience the exact same problems and difficulties when endeavouring to sell.

When Purchasing Property:

When purchasing property, we advise you to contact us before paying over a booking deposit to your auctioneer. We strongly encourage our client to engage in a property surveyor such as an engineer or an architect, before any deposit is paid over.The property surveyor will establish if the property is structurally sound, all systems are working and such matters as dampness, dry rot, leaks, etc. The surveyor should also confirm if the boundaries on the ground correspond to the mapping boundaries.

When acting for the purchaser, it is the contract and its conditions in detail which should be examined in detail as these generally favour the vendor. Such conditions need to be brought to the attention of the purchaser of the property and if necessary, insist on them being amended by the vendor. It may also be necessary to insert conditions to deal with the purchaser’s requirements such as loan approval conditions.

It is important that the title being purchased would be free of mortgages, planning problems, judgements, rights of way and various other burdens.

Before the contracts are executed and a legally binding agreement exists, we recommend that the purchaser would have his financial affairs in order, in particular that a letter of loan approval from a bank /financial institution for the purchase money is in place and that the conditions of the loan approval are reasonable. It is also important to be aware of stamp duty implications before executing contracts.

We can then guide you through all aspects of your purchase ensuring that you are fully informed and obtain the quality of service you expect throughout.

Selling Property:

When selling a property, we will take up your Title Deeds from the relevant lending institution and examine the said deeds in order to draft the relevant contract for sale. If there are any problems with title we will use of knowledge and experience to rectify same and ensure the transaction goes ahead.

We will deal with any queries which arise along the process of conveying your legal interest to the purchaser, including planning and family home issues. We will liaise with the estate agent and deal with the collection of the sale monies and the redemption of any mortgage on the property.

Finally we can advise you in relation to your Capital Gains Tax liability and make Capital Gains Tax returns to the Revenue Commissioners on your behalf should same be applicable.

Re-Mortgaging:

People re-mortgage their property is order to avail of more favourable terms, to consolidate existing loans, to finance property extensions and/ or improvements or to release equity from a property for a number of reasons

If you are re-mortgaging, we will liaise with your lending institution, examine the legal title, arrange for you to sign the relevant loan offer and stamp and register the legal documentation. We will ensure that you obtain your loan proceeds in the shortest possible time.

The fundamental proof that the Gardai will rely upon in a prosecution against you for drink driving will be your blood, breath or urine alcohol level at the time the sample is given in the Garda station. There are a number of factors that will influence the level of alcohol in your system such as gender, age, weight, physical make up, amount and type of drink and whether food was consumed.

The following elements or proofs must be given to the court by the Gardai in order to obtain a prosecution for drink driving:

• Proof that you drove or attempted to drive a mechanically propelled vehicle

• Proof that the driving or attempt to drive took place in a public place

• Proof that you were over the legal alcohol level

Penalties for drink driving offences

The penalties on conviction for drink driving offences will vary depending on the following:

1. The concentration of alcohol that has been detected in your system

2. Whether the offence is your first offence or otherwise.

It is important to note that all convictions for drink driving carry a mandatory disqualification from driving.

The length of the disqualification for drink driving is based on the concentration of alcohol detected in your system at the time of arrest and whether it is your first offence or not.

Remember, the above penalties are minimum penalties for drink driving and the judge has the discretion to increase these penalties.

Drink driving also carries financial penalties; as of 2007, the maximum fine is €5,000.

Early Restoration of Driver Licence

The rules which allow for the removal of a disqualification were changed from 5 March 2007. The changes to the law state that you can apply for the restoration of your licence if:

1. You have been disqualified for the first time,

2. for a period of more than 2 years,

3. and at least half of the period of disqualification must have elapsed

The court may only reduce the overall period of the disqualification to a minimum of two-thirds of the period specified in the original disqualification order.

When a court is considering an application for the restoration of a driving licence it will look at the nature of the offence, the applicant’s character and the conduct of the applicant since the conviction.

If you have suffered an injury (physical or other) as a result of a Road Traffic Accident, you may be entitled, under Irish law, to compensation for the injury and/ or any loss caused as a result of the injury (such as material damage or loss of earnings).

In Ireland, all claims for personal injuries, bar a small number of niche areas, must first be lodged with the Injuries Board (formerly PIAB), an independent statutory body, for an independent assessment of the claim before legal proceedings can be issued. The Injuries Board does not deal with liability.

To register a claim with the Injuries Board (PIAB), the following documentation must be filed:
(a) Injuries Board (PIAB) Application Form A
(b) A copy Medical Report
(c) Authorisation of the Claimant (Client)
(d) A cheque in the sum of €50(Application Fee)

Either party can reject the assessment of the Injuries Board (PIAB).

The Injuries Board will order a medical examination of the Claimant by one of its panel of medical attendants. When all the information is collected by the Injuries Board (PIAB) they will issues their assessment of compensation for the injury.

If the Claimant or the Respondent (the party responsible for the accident) reject the assessment made by the Injuries Board (PIAB) an Authorisation will issue to the Claimant allowing them make a claim through the civil courts.

In general the Injuries Board (PIAB) will not award legal fees and outlay and at Geraghty & Co. we make a point of explaining to Claimants at the outset that our fees will more than likely have to be discharged from any award made to the Claimant.

Our firm is vastly experienced in offering advice to both Claimants and Respondents in dealing with the Injuries Board and proceeding through the civil courts.

If you have suffered a personal injury and you would like some advice in relation to making a claim, please contact Davitt Geraghty and Brian M Geraghty at our firm.

NB! The majority of claims for Personal Injury have a time limit of two years from the date of the action (accident) before they are statue barred.

Road Traffic Accidents

At the scene of a Road Traffic Accident:

Stop the vehicle and call a doctor or ambulance where there is a serious personal injury/ injuries,
It is very important to gather the name and address of the other driver, his/her registration number, the name/address of his/her insurance company, the insurance policy’s expiration date, and information from any bystanders and witnesses.
It is wise to call the Gardai to report the road traffic accident as soon as possible, do not admit liability, talk about the road traffic accident or sign anything, even if you think you might be liable. It could be the other driver’s fault, or you might be equally responsible.
Wait for the Gardai and give them your personal details but you do not have to give a statement without consulting your solicitor.
You should attend your doctor, even if feeling well, to be sure that you have not been injured in the accident.
It is advisable to contact a solicitor to prepare a statement of the road traffic accident for the Gardai and handle the insurance claim. It should be remembered that insurance companies will have their own legal advisers.

If you have been in a Road Traffic Accident and would like our assistance to interact with your insurance company, the other party and their insurance company, the Gardai or to represent and advise you in any pending litigation please contact us.

Work Related Injuries

If you have suffered an injury at work, you can make a personal injury claim through the Injuries Board as outlined above.

Medical Negligence

Medical Negligence is the one area where a claim for a personal injury does not go through the Injuries Board. Where a person suffers an injury/loss through the act/omission of a medical professional and that act/omission is not one an average member of that profession would make, the professional will be liable to the person for the injury/loss. The relevant standard and the level of skill is that practiced and accepted by a responsible body of medical persons skilled in the particular area of medicine in question.

If you think you have suffered loss as a result of sub-standard medical care and you wish to make a claim in the civil courts please contact us.

At Geraghty & Co. skilled in resolving disputes, whether by way of litigation, mediation or arbitration, in a high quality and cost effective manner. We work closely with each client to ensure that matters are resolved to their satisfaction.

The function of a Notary Public includes:

• Give Notarial Acts;
• Administering Oaths and take affidavits;
• Authenticating private and public documents;
• Attesting and verifying signatures to documents;
• Satisfying evidential or statutory requirements of foreign governments;
• Take Affirmations and Declarations
• Drawing up ships protests
• Protesting bills of exchange and promissory notes for non acceptance or non payments
• Draw up Powers of Attorney and other legal documents customarily prepared by Notaries Public
• Take evidence as a Commissioner for foreign courts and also verify translations from foreign language into the vernacular and vice versa

The Notary’s official acts are executed under their official seal and signature. The acts of Notaries Public have worldwide recognition. The Notary’s signature on certain documents, alone on certain documents may suffice.

There is no set fee for Notarial services. The Notary will charge a proper professional fee that reflects the cost of the Notary’s services in terms of time, skill and responsibility, similar to other professional service providers

Kevin P. Geraghty of Geraghty & Company Solicitors, was appointed as a Notary Public by the Chief Justice of the Supreme Court of the Republic of Ireland on the 21st day September 1995. His appointment covers both the County and the City of Galway and he is commissioned for life.

Kevin is a practising Solicitor of over 35 years and is one of the longest standing and most experience Notary Publics in the west of Ireland.

Davitt Geraghty of Geraghty & Co. has been recently appointed as a Notary Public.  His appointment covers the counties of Galway, Clare, Mayo and Roscommon and he is commissioned for life

A Will is a witnessed document that sets out in writing the deceased’s wishes for his/ her property and possessions, (called his/ her ‘estate’), after death.

Reasons for making a will:

A common misunderstanding is that making a Will is only necessary for people of high net worth. This is not the case.

A Will can ensure that proper arrangements are made for your dependants and that your property is distributed in the way you wish after you die, subject to certain rights of spouses and children.

Any person over the age of majority and of sound mind (having the required mental capacity) can make a Will.

Something to think about:
If you die without making a Will, the distribution of your estate will be governed by the Irish law on intestacy (Succession Act 1965). This may not be the way that you would have wanted your estate to be distributed

Unmarried partners and partners who have not registered a civil partnership will not inherit from each other unless there is a Will, so the death of one partner may create serious financial problems for the remaining partner

If you have a child/ children, a Will enables you to make arrangements and provisions for the child/ children in the event that either one or both parents die

It may be possible to reduce the amount of tax payable by beneficiaries on the inheritance if advice is taken in advance and a Will is made

If your circumstances have changed, it is very important that you make or amend your Will to ensure that your money and possessions are distributed according to your present day wishes

A new will can be made at any time and only your last will supercedes all previous wills (i.e. only your last will counts)

At Geraghty & Co. Solicitors, senior solicitors Brian G. Geraghty and Liam Geraghty possess a wealth of experience and expert knowledge in this field and they can offer advice to individuals and their families on all aspects of will drafting, succession, tax and estate planning. We will ensure that your wishes are reflected in a properly executed Will in a clear and unambiguous manner. We will further ensure that the will is drafted in the most tax efficient manner and will endeavour to make full use of the tax relief available to you.

Administering an Estate

We deal with all matters concerning the issue of probate and the administration of estates, including:

advising and assisting executors in their legal duties and responsibilities; (A person who is appointed an Executor of a deceased’s Will is the person entitled to take out the Grant of Probate to the Estate of the deceased)

advising beneficiaries on the terms of a will;

dealing with the tax implications of a will and applying for Grant of Probate or Administration

Grant of Probate

If there is a Will made, we, on behalf of the Executor, will apply to the Probate Office to obtain a Grant of Probate so that the deceased’s estate can be distributed according to their Will.

Grant of Administration

If there is no will made we, on behalf of the nearest next of kin, will apply to the Probate Office for a Grant of Administration and distribute the deceased’s estate in accordance with the law.

Tax Implications

Revenue Returns – Capital Acquisitions Tax (otherwise known as Inheritance Tax)

The first step which must be completed in order to obtain a Grant of Administration or Probate is the completion of documentation prepared by us for submission to the Revenue Commissioners which sets out the value of all assets and debts of the deceased person at the date of death and details of all beneficiaries to the estate. The estimated value of each inheritance is set out for the assessment of any tax liability by the Revenue Commissioners.
 
The inheritance is taxed if its value is over a certain limit or threshold. Different tax-free thresholds apply depending on the relationship between the deceased and the beneficiary.

There are also a number of exemptions and reliefs that can apply depending on the nature of the inheritance. An example being if you receive an inheritance from your spouse, you are completely exempt from Capital Acquisitions Tax.

At Geraghty & Co. we possess a wealth of experience in dealing with the tax implications arising in the administration of estates.

At Geraghty & Co. Solicitors we provide highly experienced legal advice on all aspects of Family Law including Collaborative Law Practice and Mediation.

Family Law at Geraghty & Co. is overseen by Donal Geraghty and Brian Macdara Geraghty.
Donal deals with the adversarial side of Family Law, while Brian Macdara works primarily in Mediation and collaborative Law. Brian Macdara is placed on the Private Practitioner Scheme District Court Panel for free legal aid in District Court matters in County Galway.

Family Law areas include:

• Collaborative Law Practice
• Mediation
• Separation Agreement
• Judicial Separation
• Divorce
• Child care issues (Maintenance, Custody & Access)
• Legal Aid Board Private Practitioner Scheme for Family Law Services
• Financial Implications and Taxation Advice

Collaborative Law

Collaborative Law practice is an alternative way to resolve disputes. The aim of Collaborative Law practice is to find a deep, equitable and sustainable solution for people who are in dispute. Collaborative Law practise is a structured, creative and principled process to help parties reach the best agreement possible for them at the time. The approach addresses the needs of all involved, and in family disputes, the needs of the whole family.
Resolution can be achieved through the participation of both parties meeting together at the same table, often with the help of other practitioners including solicitors, financial advisers, child specialists etc.
The resolution is based on an open sharing of all relevant information and a commitment to reach agreement, without the financial and other costs of court litigation. The success and effectiveness of the process depends on the honesty, co-operation and integrity of the participants. It is geared towards the future and towards the wellbeing of all the parties. The essence of the process is that it is in the best interest of the participants to try to resolve the disputes in a non-confrontational way.
At Geraghty & Co. Brian Macdara Geraghty is an active member of the Galway Collaborative Law Practitioners.

Mediation
Mediation is a voluntary and fully confidential process in which an impartial, neutral and balanced independent third party facilitates negotiation and communication and promotes voluntary decision making by the parties to assist them to reach a mutually acceptable solution to resolve a dispute.
The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation.
Your mediator is obliged to acknowledge any bias on issues in discussion. The mediator’s role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation.
At Geraghty & Co. Brian Macdara Geraghty is a qualified accredited mediator and is currently on the panel of mediator with Friary Law Ireland (Ireland’s largest Mediation Body).

Separation Agreement
A Separation Agreement is a written document drawn up and executed by parties to a marriage where that marriage has broken down and who have decided to separate and live apart and who do not wish to employ the Courts to settle the terms of the separation.
Before a solicitor can assist a party to a marriage in drawing up a Separation Agreement, a solicitor, pursuant to Sections 5 and 6 of the Judicial Separation and Family Law Reform Act 1989, is under an obligation to discuss with the client:
the possibility of reconciliation and supply the names and addresses of those persons able to bring about such a reconciliation;
the possibility of employing mediation to bring about a separation on an agreed basis and supply the names and addresses of those persons who can provide the mediation service; and
the possibility of effecting a separation by way of a Separation Deed.
The terms of a Separation Agreement invariably deal with the guidance and custody of children; maintenance; property; succession; pensions and so on.

One should also note that an executed Separation Agreement can be made a Rule of Court provided the Separation Agreement contains a provision relating to maintenance payments. If the Separation Agreement is made a Rule of Court, the person paying the maintenance must pay it through the District Court Clerk therefore the District Court Clerk will remain abreast of any default in the maintenance payments.

Finally, one very important point to note regarding Separation Agreements is that once you have executed a valid Separation Agreement, you cannot thereafter go to the Courts in order to obtain a Judicial Separation.   However, a Separation Agreement does not act as a barrier to Divorce Proceedings.

Judicial Separation
Judicial Separation involves an application being made to Court for a Decree of Judicial Separation together with such ancillary orders as are required by the parties.
With Judicial Separation, the Court can make orders in respect of the family home, other properties, lump sum payment orders, maintenance, pension adjustment, custody, access and guardianship.
As with a Separation Agreement, the solicitors for both parties are under legal obligations pursuant to Sections 5 and 6 of the Judicial Separation and Family Law Reform Act 1989, to discuss with the client, before taking or defending Judicial Separation proceedings:

the possibility of reconciliation and supply the names and addresses of those persons who may be able to facilitate such a reconciliation;
the possibility of employing mediation to bring about a separation on an agreed basis and supply the names and addresses of those persons who can provide the mediation service; and
the possibility of effecting a separation by way of a Separation Deed.

The Judicial Separation and Family Law Reform Act 1989 sets out that a Judicial Separation can only be granted on six grounds:

Where the respondent has committed adultery
Where the respondent is behaving in such a way that the applicant cannot reasonably be expected to live with that person.
There has been desertion by the respondent of the applicant for a continuous period of at least one year immediately preceding the date of the Application.
The spouses have lived apart from one another for a continuous period of at least one year immediately proceeding the date of the Application and the respondent consents to a decree of Judicial Separation being granted.
The spouses have lived apart from one another for a continuous period of at least three years immediately proceeding the date of the Application, where no such consent exists.
The marriage has broken down to the extent  that the Court is satisfied in all the circumstances that a normal marital relationship has not existed between  the spouses for a period of at least one year immediately proceeding the date of the Application.

Once a Court has decided that one of the six grounds exists, there are two further conditions that must be satisfied before it will grant an Order of Judicial Separation:

(1) the welfare of any dependant children of the marriage must be properly catered for
(2) solicitors of the applicant and the defendant must have complied with their legal obligations as outlined above.

All Judicial Separations are heard by the Circuit or High Court and are held in private (as are all family law cases).
The element of fault is still relevant insofar as the granting of a decree of judicial separation (divorce it is of no relevance)

At Geraghty & Co. our Family Law solicitors possess extensive experience and expertise in the areas of Judicial Separation and Divorce. We represent clients in both Circuit and High Court family law proceedings and will ensure your interests and that of your children are properly protected.

Divorce

Divorce is the process whereby the courts grant a decree which effectively dissolves a marriage and allows either spouse to remarry.

Before applying to the Court for a Divorce, all of the following conditions must be met:

(1) Both parties must have been living apart for a period amounting to four out of the previous five years. It is worth noting that the spouses could be living within the same house but be living apart within separate households.

(2) There must be no reasonable prospect of reconciliation between the spouses.

(3) such provision as the court consider proper having regard to the circumstances exist or will be made for spouses and any dependant members of the family, such as children and/ or other dependant relatives.

Divorce proceedings are heard in the Family Circuit Court or the High Court and are held in private.

At Geraghty & Co. our Family Law solicitors possess extensive experience and expertise in the areas of Judicial Separation and Divorce. We represent clients in both Circuit and High Court family law proceedings and will ensure your interests and that of your children are properly protected.

Child care issues (Maintenance, Custody & Access)

Maintenance

Maintenance is the amount of money one spouse pays to the other either for that spouse or for dependent children or both.
The amount of maintenance is dependent upon income and the needs of either party and the support needs of the children. Children are considered dependant if they are under 18 years of age or later if they are involved in full time education.

Maintenance payments are usually paid on a regular basis, usually monthly, but the maintenance can also be paid in a lump sum.
Family needs and the financial position of parties do not remain static and accordingly the law in Ireland allows either party to apply for a maintenance review at any time, notwithstanding previous orders or agreements.

Custody

Custody is the right to the physical care and control of a child. When the parents of a child in Ireland separate and they cannot agree on who should have custody of the child, the court will decide.

When the court is making its decision about who should have custody of the child, the most important factor for it is the welfare of the child. Welfare includes the child’s moral, intellectual, religious, physical and social welfare.

By Irish law, an unmarried mother is the sole guardian of a child born outside of marriage. Unless the mother agrees to sign a statutory declaration, an unmarried father must apply to the court in order to become a legal guardian of his child. It is worth noting that it is not necessary for a father to have guardianship before he applies for access or custody.

As a general rule, the courts tend to consider that where the parents of the child are unmarried, it is in the child’s best interests to live with its mother. The unmarried mother has a superior legal position to the unmarried father and in usual circumstances be granted custody.

However, the courts will usually grant a right of access to the unmarried father so that he can have regular contact with his child.

Right of Access

By Irish Law, if you have a right of access to a child, you have the right to spend time with the child and to take the child out for specified periods of time. In some cases you may also have the right to have the child reside with and go on holidays with you during the school holidays and the right to have the child stay overnight in your house on alternate weekends.
When the parents of a child separate and they cannot agree on access rights, the courts will decide. Again the key factor in the court’s decision is always the welfare of the child.

Usually, the courts consider that it is very important for the welfare of a child that it should have a relationship with both its parents, and they are very slow to deny access rights to the natural parent of a child.
At Geraghty & Co. Donal Geraghty and Brian Macdara Geraghty possess extensive experience and expertise in the areas of Maintenance, Custody & Access applications. Brian Macdara is a member of the Legal Aid Board Private Practitioner Scheme for Family Law Services.

Legal Aid Board Private Practitioner Scheme for Family Law Services

The Legal Aid Board under the Private Practitioner Scheme for Family Law Services maintains a panel of private solicitors who provide representation in relation to District Court cases such as domestic violence, maintenance, custody, access and guardianship cases.

At Geraghty & Co. Brian Macdara Geraghty is a member of the Legal Aid Private Practitioner Scheme. You may be entitled to Legal Aid under the Private Practitioner Scheme, this is where the Legal Aid Board will pay a fee to a us to represent you in the District Court.

Financial Implications and Taxation Advice

When married couples in Ireland decide to separate and the separation is likely to be permanent, there are implications for the way in which they are taxed.

Capital Gains Tax

A capital gains tax is chargeable on the gains arising from the disposals of assets. Disposal can be by way of gift or sale. Any form of property (other than Irish currency) including an interest in property (as, for example, a lease) is an asset for capital gains tax purposes. The gain/profit (the difference between the price you paid for the asset and the price you sold it for) is considered taxable income. The tax is payable by the person making the disposal.

Transfers of assets between spouses are exempt from capital gains tax. Transfers of assets between spouses who are separated are exempt from capital gains tax if they are made under a Separation Agreement or a court order.

Similarly transfers of assets between spouses pursuant to a court order in a Divorce Decree are exempt but transfers of assets subsequent to the granting of the Decree that are not ordered by the court are not.
Separating couples should always seek specialist tax advice before entering into arrangements that have capital gains tax implications.
Capital Acquisitions Tax
Capital acquisitions tax is a tax on gifts and inheritances received by a person. The person receiving the gift or inheritance pays the tax. The tax is paid on the open market value of the asset being received.

Transfers of assets between spouses whether by way of gift or inheritance are exempt from capital acquisitions tax. Separation does not affect this exemption but divorce does. Transfers of assets pursuant to a court order in a Divorce Decree are exempt but transfers of assets subsequent to the granting of the Decree of Divorce that are not ordered by the court are not.

Stamp Duty

Stamp duty is a tax most often associated with the transfer of property whether by way of gift or sale. Transfers of property between spouses are exempt from stamp duty. Transfers of property between spouses who are separated or divorced are exempt from stamp duty if they are made pursuant to a court order.

At Geraghty & Co. we posses a wealth of expertise in relation to family law tax advice.

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.