EMPLOYMENT LAW SOLICITOR CORK

Employment Law Solicitor Cork

Expert employment law solicitor Cork, providing legal advice and assistance to employers across Ireland. 

Employment Contracts – Employment Law 

When an employee starts a new position within a company, the employer needs to provide the employee with a written contract within 2 months of their start date. This contract or written statement should contain information relating to the following (the following list is not exhaustive):

  • Official start date of new position.
  • Official job title
  • Information relating to their duties.
  • Hours of work required on a weekly/montlhy basis and the structure of these hours, e.g. 9-5 Monday to Friday.
  • Paid leave.
  • Any relevant terms and conditions relating to the employment.

Where an employee is starting work under a temporary contract. The employee needs to include the following information in the written document. 

  • Duration of the contract or the expiration date of the first contract.
  • This also applies to fixed term contracts and any changes to this contract must be notified in writing to the employee. 

If at any time the employer or employee wishes to make changes to the contract, this must be notified in writing and signed by both parties. 

Employment Law Solicitor Cork and Dublin

Some of the points the working Act of 1997 include are:

  • No more that 48 hours working time per week on average.
  • A resting period of at least 11 consecutive hours per working day. 
  • Breaks throughout the working day. 
  • At least one rest break of 24 hours (consecutive) per week. 
  • If the employee is working throughout the nighttime hours, then a maximum shift of 8 hours should apply (on average). 
  • For every 4 hours of consecutive time worked, the employee is entitled to a fifteen minute rest time and a thirty minute break for every 6 hours worked.

It is possible for a 48 hour work week to be averaged and in the case of seasonal work, the average can be calculated over a six month period. 

Contracts Solicitor Ireland

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 

There are two fundamental principles covered by the Unfair Dismissals Act of 1997.

  1. When terminating an employment, there must be sufficient grounds to justify this step. 
  2. When terminating an employee, procedures which are fair should be followed. 

In cases where the employee has at least one year of service (continuous) with the company and they have not reached the age of retirement, then they must be included in the rules as laid out by this act.   It is vital that employers are aware of this and that they act accordingly. Should an employer act outside of these guidelines, and fail to follow procedures, they could find they employee has grounds to take a case for unfair dismissal. The guidelines set out by the Act should be followed at all times to avoid legal action being taken. 

Redundancy

If an employee has been dismissed as a result of a redundancy and all procedures have been followed, then this is a fair dismissal. In circumstances where an employee is made redundant, the employer must strictly adhere to the definition of redundancy as set out in the Act. 

Dignity at Work / Bullying

It is the responsibility of every employer to ensure that bullying and harassment is not part of the working environment. This includes physical, emotional and verbal harassment from all who work at the organisation, from top level management through to every level of employee. 

Should an employer receive a complaint of bullying or harassment from an employee, this should be given the attention it deserves and treated in a manner that shows this behaviour is taken seriously within the organisation. Any investigations undetaken following a complaint should ensure care is taken to avoid further distress to the complainant.  

It is imperative that the employer in receipt of the complaint fulfils their duty of care to the employee and others in their employ. 

All employers should have a detailed workplace policy in relation to bullying and harassment in the workplace. 

 

Equality

When we look at the Employment Equality Act of 1998/2004, we can see it prohibits discrimination on numerous grounds.

These include but are not limited to:

  • Gender
  • Family status
  • Race, colour and ethnicity
  • Marital status
  • Sexual orientation
  • Religious beliefs
  • Age
  • Disability
  • Nationality or National Origin
  • Being a member of the travelling community.

The Employment Equality Act also prohibits discrimination once employment has commenced. This includes access to employment, employment conditions, access to the relevant training, access to work experience, promotional opportunities and job classification.

Minimum Notice

Under the Act, it is important to note the minimum notice period for termination as it applies to employees in your organisation. 

Where a contract is in existence between the employer and the employee, this should clearly set out the notice period for termination of employment. In instances where a contract is not in place, the length of service with the company should determine the amount of termination notice. Where an employer fails to provide the employee with appropriate notice of termination, they are obliged by law to pay the employee in  full for this period of time. 

Fixed Term Workers and Part-Time Workers

When an employee is employed on a fixed term basis, this means they have been specifically hired to complete or work on a certain task. Once this task has been completed, the contract is complete. The contract should always have a very clear start and end date, which can be adjusted with the agreement of both parties in a written document. It is important to note that a fixed term contract can not run on indefinitely and there are limitations on the time periods you can continue to issue fixed term contracts.

Part Time Employees

Part-time employees are defined as workers who may work less hours that full-timers, however they do compete comparable work duties and should be afforded the same benefits, terms and conditions as those who work full-time for your company. 

Health & Safety Law

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

https://www.irishexaminer.com/farming/analysis/karen-walshmuch-more-to-worker-paperwork-than-just-a-payslip-402807.html

https://walshandpartners.ie/dismissing-an-employee/

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Employment Law Solicitors Cork

Employment Law Solicitors Cork: 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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