Posts Tagged ‘Irish employment law’
Settlement Agreements vs Going to the WRC: Which Is Right for You?
Introduction Whether you are an employer trying to resolve a dispute before it escalates, or an employee deciding how to respond to a workplace issue, the same fork in the road tends to appear: settle the matter directly through a settlement agreement, or pursue it formally through the Workplace Relations Commission (WRC). Neither route is…
Read MoreHow to Make a Personal Injury Claim in Ireland: A Step-by-Step Guide
Introduction Most people who need to bring a personal injury claim in Ireland are doing it for the first time, usually while recovering from the injury itself. The process is more structured than it might first appear, and it follows a defined sequence – most claims must pass through the Injuries Resolution Board before they…
Read MoreIs Irish Employment Law Too Employee-Friendly? A Cork Employment Law Solicitor’s Balanced Look
Ask any Cork employer who has been through a Workplace Relations Commission (WRC) hearing whether Irish employment law favours the employee, and most will say yes without hesitation. Ask an employee who has tried to challenge a dismissal, and you may get a different answer. The truth, as usual, sits somewhere in between — and…
Read MoreCase Study: Why Cork Employers Are Losing Unfair Dismissal Cases Even When They Believe They Are Right
Recent Workplace Relations Commission (WRC) decisions involving Cork employers contain an important warning for businesses. In several cases, employers had genuine concerns regarding employee conduct and believed dismissal was justified. Yet they still lost unfair dismissal claims. The reason was not necessarily the strength of the evidence. It was the process. Employers frequently assess their…
Read MoreVictimisation Claims Ireland: Why Retaliation Is the Costliest Mistake Employers Make
When an employee raises a formal grievance, reports discrimination, or makes a protected disclosure, what happens next matters more than employers often realise. It is entirely natural for a manager to feel frustrated, particularly where the complaint seems weak or personally motivated. The trap is allowing that frustration to shape how the employee is subsequently…
Read MoreBefore Dismissing an Employee: A Legal Framework for Irish Employers
Introduction Dismissal is the most consequential decision an employer can take in respect of an employee, and it is the decision most likely to be tested — retrospectively, and in detail — before the Workplace Relations Commission (“WRC”) or the Labour Court. The existence of a genuine ground for dismissal, whether misconduct, capability, redundancy or…
Read MoreReasonable Accommodation Under Irish Employment Equality Law
Introduction A request for reasonable accommodation places an employer at the intersection of two legitimate, and sometimes competing, interests: the operational and financial requirements of the business, and the statutory rights of an employee with a disability. The recurring analytical error is to treat the request as a binary question — can the accommodation be…
Read MoreYour Employee Has Threatened a WRC Claim: What Should Your Business Do Next?
The threat of proceedings before the Workplace Relations Commission (“WRC”) is not an event to be met with reflexive reassurance or dismissed as an idle grievance. Whether the underlying complaint concerns a contested dismissal, an allegation of discrimination, or a claim of bullying or harassment, the manner in which a business conducts itself in the…
Read MoreProbation Period in Ireland: Can an Employer Dismiss an Employee During Probation?
A probation period gives an employer an opportunity to assess whether a new employee is suitable for the role. During this time, a business may evaluate performance, conduct, attendance, skills and the employee’s overall suitability for the position. However, probation does not mean that an employer can dismiss an employee without considering the legal consequences.…
Read MoreHow Should Cork Employers Handle an Employee Grievance? Legal Guidance from Dylan Green & Associates Solicitors
An employee grievance can be difficult for any business to manage. What may begin as a complaint about a manager, colleague, working conditions or workplace treatment can develop into a formal employment dispute if it is not handled appropriately. For Cork employers and businesses across Munster, the challenge is often knowing how seriously to treat…
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