Employment Questions

FitzPatricks Solicitors - Business - Property - Family

HEAD OF DEPARTMENT - TOM FITZPATRICK (CONTRACTS ADVICE)

TOM FITZPATRICK (DISPUTES)

A Member of the Employment Lawyers Association

DO YOU UNDERSTAND THE IMPLICATIONS OF THE CURRENT EMPLOYMENT ACT (2002?)

The Challenge

  • Drafting Contracts?
  • Harassment
  • Discrimination
  • Unpaid wages
  • Change of employer
  • Unfair dismissal
  • Redundancy
  • Maternity/parental leave
  • Returning to work
  • Part time or full time
  • Voluntary termination
  • Employers
  • Employees facing redundancies/dismissals
  • Employees already made redundant
  • Employers and employees separating by agreement
  • Large businesses
  • Small businesses
  • Business sales/purchases

FitzPatricks offer advice on all aspects of employment, and the procedures available on the remedies to both employers and employees.

Employment is an integral part of life. Dismissal, resignation, redundancy or unreasonable conditions can result in stress, financial and other personal problems inside and outside the workplace.

Breaches of employment legislation can be very costly for both employer and employee often resulting in awards of compensation.

FitzPatricks can prepare contracts, advise on procedure, assist with negotiations, and, if needed, prepare the case before a Court or Tribunal and provide representation.

Employers should be aware, and Employees will note

  • Employees are legally entitled to a written statement of the terms and conditions of their employment. Among other matters, these must contain or refer to the Employer's grievance and redundancy procedures.
  • Employees are entitled to at least 4 weeks holiday a year (pro rata).
  • Except in cases of gross misconduct, Employees are entitled to a minimum notice of termination of their employment depending on length of service and terms of contract. If misconduct is alleged, the Employees are entitled to have a proper investigation undertaken and have a fair hearing.
  • Where the Employer terminates the employment, the Employer is required to comply with its own procedures.
  • Before giving notice on any ground which may result in a claim for compensation, an Employee will normally be required to go through the Employer's grievance procedures.
  • When employment is terminated by mutual agreement between the Employer and the Employee, the agreement should be formally recorded in a Compromise Agreement. The Employer normally contributes to the Employee's legal fees. For the Compromise Agreement to be binding, the law requires that the Employee shall have taken independent legal advice and a Solicitor must sign the Agreement to confirm this has been done.
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