Here is some employment law which every employer farmer should know.

Employment Contracts – Employment Law 

An employer is obliged to provide an employee with a statement in writing no later than two months after the commencement of employment containing certain information such as place of work, the title of the job, the nature of work, the date of commencement of the Contract of Employment and terms and conditions in relation to hours of work and paid leave etc.

In the case of temporary contracts, the expected duration, or the date in which the Contract expires, in the case of a Fixed Term Contract, must also be included.

Any changes later must be confirmed in writing with the employee.


The Organisation of Working Time Act, 1997

Some of the points the above Act outlines are as follows:

* A maximum average net working time of 48 hours.

* A daily rest break of 11 consecutive hours.

* Rest breaks while at work.

* A weekly rest break of 24 consecutive hours.

* A maximum average of night working of 8 hours.

An employee is entitled to a 15-minute break per four hours worked, and a 30-minute break per six hours worked.

The 48-hour net maximum working week can be averaged.

There is an exemption in respect of work which is seasonal in its nature and this can be averaged over six months.



Full-time workers are entitled to four working weeks paid annual leave per year. Generally part-time workers are entitled to 8% of the hours worked in the leave year, subject to a maximum of four working weeks.


Unfair Dismissal Law – Employment law 

The Unfair Dismissals Act, 1997 to 2001 is based on two fundamental principles.

n Substantial grounds must exist to justify the termination of employment.

n Fair procedures must be followed in effecting the termination. All employees who have one year’s continuous service with the employer and who have not reached normal retirement age for employment, are included under this Act.

This is an extremely contentious area, and one which employers should handle with extreme care. If fair procedures are not followed in terminating an employee’s employment, despite there being substantial grounds, a termination of employment can still be deemed to be unfair.



The dismissal is deemed not to be unfair if it is resulted wholly or mainly from the redundancy of an employee.

Strict adherence to the definition of the redundancy is required from employers, if an employee is held to be dismissed by reason of redundancy.


Dignity at Work / Bullying

Each employer must take measures to ensure that employees are not subject to verbal or physical bullying or harassment from their bosses, co-workers or customers.

Every employer should ensure that any complaint is dealt with seriously and in a manner that does not add to the issues experienced by the employee.

Each employer should take active steps to discharge their obligation and fulfil their duty of care in this matter.

It is important that an employer has a proper policy drawn up in relation to bullying in the workplace.



The Employment Equality Acts, 1998 and 2004 prohibit discrimination on many grounds.

The grounds are gender, marital status, family status, sexual orientation, religion, age, disability, race/colour/nationality/ethic or national origins and membership of the traveller community.

The Act prohibits discrimination in employment and in particular, access to employment, conditions of employment, training or experience for or in relation to employment promotion or re-grading or classification of posts.


Minimum Notice

Minimum notice period for termination of employment applies to employees.

Minimum notice period which employers must give to employees on termination depends on whether a Contract of Employment exists. In the event that a Contract of Employment does not exist, the length of the period of notice depends on the length of service.

Should an employer fail to provide the statutory notice period, they would be obliged to pay that employee for that period.


Fixed Term Workers and Part-Time Workers

A fixed term worker is engaged to carry out a specific task with a defined start and end date. There are restrictions on the period of time the employer can continue an employee on fixed term contracts.

A part-time employee is any employee who works less than a full-time employee doing comparable work. In general terms, part-time employees are afforded the same protections as full-time employees.


Health & Safety Law

Every employee is entitled to be provided with a safe place of work, safe equipment and safe systems of work.



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Employment Law Solicitors

Walsh and Partners Solicitors in Cork are experts in employment law and are happy to advise employers and employees across all sectors. Our expertise in employment law are echoed in the unique approach we take to each case. We offer a bespoke solution for each and every client and dedicate our time to providing real-world solutions that ensure our clients are satisfied at all times.

Employment Law Solicitors, Cork & Dublin

Below you will see just some examples of the areas we provide employment law services:

•  Employment contracts
•  Procedures and policies
•  Equality and discrimination issues
•  Unfair dismissal
•  Constructive dismissal
•  Redundancy
•  Employment termination
•  Employer’s rights and duties
•  Employee’s rights and duties
•  Workplace policy documents (bullying, sick leave, disciplinary procedures)
•  Maternity entitlements
•  Maternity disputes
•  Health and safety compliance
•  Employee incentive programmes
•  Share options
•  Subcontracting and outsourcing
•  Grievance procedures
•  Bullying and workplace stress
•  Leave entitlements, including maternity, parental and adoptive leave
•  Restrictions and covenants post-termination
•  Representation at the Workplace Relations Commission and the Labour Court
•  Whistleblowing
•  Representation before all courts

The solicitors at Walsh and Partners are specialists in the area of employment law and bring with them a wealth of experience and knowledge. Our legal team regularly advise on employment law matters for both employers and employees and have represented individuals that range from junior employees and middle management through to senior managers and company directors.

Labour Law Solicitors, Cork

Employment law is constantly evolving and these changes can have both a commercial and personal impact on employers and employees. Our team is well-versed on the changing landscape of employment law and has taken a pragmatic, forward-thinking approach to ensure our clients are represented in the strongest way possible.

Employers: Walsh and Partners can provide you with a proactive team of employment law experts that take complex employment matters and turn them into positive outcomes. Whether you are a well-established business or a budding start-up, our experience in employment law will become another tool to ensure success. Based in the heart of Cork City, our central location and proximity to the port and airport makes us the ideal choice for employers right across Cork City and County.

Wrongful Termination Solicitor, Cork

Employees: If you are experiencing any concerns about your employment or require representation in an employee/employer dispute, the employment law team here at Walsh and Partners are here to assist. We will act on your behalf, taking the strain and stress from your shoulders to seek a solution that provides you with confidence in your choice of solicitor.

Get in touch with a member of the team today to learn how strong representation can make a difference to your employment law issues. Whether you require representation in a court setting or are interested in setting up your own business, Walsh and Partners would love to hear from you.

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