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Employment Law

At Taylor & Buchalter we provide clients with advice in contentious and non-contentious employment issues. The term “employment law” spans across all aspects of employee’s rights and employers duties, including non-contentious matters such as drafting or advising on contracts of employment, disciplinary and grievance procedures and health and safety procedures; and contentious matters such as claims for unfair dismissal and breach of contract.

Employment law is a complex area of law with  a wide range of legislation in respect of Unfair Dismissals, Redundancy Payments Acts, Health and Safety and Data Protection Acts.

We have extensive experience acting for employers and employees in a range of issues including:

• Claims for unfair or constructive dismissal.
• Claims for Redundancy
• Claims for work related stress and personal injury.
• Claims for bullying and harassment.
• Claims for wrongful dismissal.
• Injunction Applications.
• Sexual harassment.

We act for clients before the Rights Commissioner service, the Employment Appeals Tribunal, the Circuit Court and the High Court.

In non-contentious matters, our solicitors advise our clients on rights and obligations on a range of issues including:

• Terms and conditions of employment.
• Working hours and holidays.
• Minimum notice.
• Maternity leave.
• Redundancies.
• Retirement.
• Data protection issues.
• Transfers of undertakings

Unfair Dismissal

The law protects employees against the loss of employment without fair procedures being followed and without substantial grounds to justify dismissal. To avail of this protection employees must have been employed for a minimum of one year. There are exceptions to this if the dismissal was related to pregnancy, sexual orientation, race, religion, trade union membership when no time limit applies. There is a presumption that a dismissal is unfair. The employer must prove that its action was fair in the circumstances of the case.

Constructive Dismissal

An employee may be able to claim for unfair dismissal if he had no other option because of his employer’s conduct. This is known as Constructive Dismissal. However the onus of proof that the dismissal was unfair rests with the employee.

If you are considering a claim for unfair or constructive dismissal it is important that you contact us as soon as possible as strict time limits apply in making a claim.

Redundancy

If you have been made redundant, we at Taylor & Buchalter Solicitors, will be able to advise you of your rights and entitlements.

You may be made redundant because your employer is no longer in business or is trading with fewer employees. If you have been unfairly selected for redundancy this may be unfair dismissal and you may be able to claim.

If you have worked for your employer for at least two years you will be entitled to at least statutory redundancy which is two weeks wages (limited to €600) for each year of service plus one additional week’s wages.

If you think you may have a claim please contact us as soon as possible as there are steps that you must take in order to substantiate your claim and certain time limits in order to proceed with an action may apply.

Sexual Harassment

If you are the victim of sexual harassment at work we, at Taylor & Buchalter Solicitors, will be able to advise you.

Sexual harassment can violate an employee’s character. It may create an intimidating, hostile, degrading, humiliating or offensive environment. The employee, who is being sexually harassed,  may be treated less favourably because of refusing the advances of the person causing the sexual harassment.

Harassment of a sexual nature does not have to be a continuation of a certain type of behaviour. Incidents of sexual harassment can be a one off or a series of offensive behaviours; examples of sexual harassment include but are not limited to:

• Unwanted jokes, gestures, offensive words on clothing, and unwelcome comments of a sexual nature.
• Unnecessary touching or any other bodily contact, restricting an employee's ability to move, unwanted flirting, unnecessary advances of a sexual nature.
• Transmitting  offensive e-mails to include the downloading pornographic e-mails
• Displays of unacceptable material such as pin-up calendars or graffiti

If you wish to discuss matters with us please do so as soon as possible as there are steps that you must take to substantiate your claim. Certain time limits may apply to making a claim.

Our solicitors specialising in this area are:

Niall Courtenay - ncourtenay@taylorbuchalter.ie

Beverly Turner - bturner@taylorbuchalter.ie

Maria O'Mahony - momahony@taylorbuchalter.ie