Padhraic Harris & Co. Solicitors have experience representing both employers and employees in matters relating to employment.
If you are an Employer please view our employment Law for employers page.
If you are an employee, our solicitors can advise you on all aspects of employment law and in particular any questions you may have with regard to:
Generally, for employees with more than 12 months service, any dismissal is unfair unless there were substantial grounds justifying the dismissal. There is no requirement for 12 months’ service where an employee is dismissed because of trade union membership, matters connected with pregnancy, exercising rights of certain leaves (e.g. parental or carer’s) or making a protected disclosure.
Constructive Dismissal is where an employee is forced to leave their job because of the conduct of their employer or others at work. It must be shown in these cases that the employer’s conduct was such that the employee was reasonable in terminating the contract without giving notice.
Employers are required to follow proper procedures to deal with disciplinary issues and employee grievances. These procedures must comply with the general principles of natural justice and fair procedures. For example, employees are entitled to have the details of any allegations or complaints against them and must be given the opportunity to respond fully to them. There must be a fair and impartial determination of the issues.
It is important to get professional advice when a complaint is submitted to the WRC as you may fail to include a vital piece of information or leave it too late to claim.
Hearings are held in private, however complaints may be disposed of by means of written procedure. Parties are free to represent themselves or choose their own representation. A person making a complaint will have an opportunity to fully state their complaint, and present any evidence which will assist their case.
We can help you prepare for the hearing and will represent you on the day and argue on your behalf. If you succeed with a complaint in the WRC an adjudication officer can order compensation of up to €15,000. If you fail, you can appeal the decision to the Circuit Court and you have 42 days to do so.
Under the Employment Equality Acts harassment is any form of unwanted conduct related to any of the discriminatory grounds that violates a person’s dignity and creates an intimidating, hostile, degrading, humiliating or offensive environment for the person.
This conduct may consist of acts, spoken word, gestures or circulation of pictures or other behaviour.
Discrimination occurs where one person is treated less favourably than another is, has been or would be treated. There are nine discriminatory grounds: gender, civil status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller community.
A person cannot be discriminated against on any of the nine grounds by an employer or potential employer at any stage, including at the recruitment stage.
Contact Padhraic Harris, Ronan Harris or Donna Ferry by filling in the enquiry form below or telephone us at 091-562066. Consultations are available at our Galway office or arranged to suit you in Oughterard.
Padhraic Harris & Co Solicitors Galway has been awarded the Q6000 Gold Standard by the Institute of Legal Research and Standards. This award is only given to select firms and formally recognises the excellent procedures in place in the firm.
