At O’Shea Russell Solicitors we already serve the needs of a number of corporate and business clients with a full commercial services to include provision of professional support and access to immediate advice on employment law, human resource issues and safety issues.
Nicholas who has chaired the Employment Appeals Tribunal is a Specialist in the area of Employer & Employee Relations.
We recognise that small and medium sized Employers can feel overwhelmed when faced with conflict within the workplace or with claims by Employees. We are here to help. Don’t feel “at sea”. We can help you put structures and support in place and defend you when your are faced with claims or legal action.
If you answer YES to any of the following questions you need this service
- Have a difficult staff situation on the factory floor and need to take disciplinary action?
- Are you considering the termination of a staff member’s employment?
- Is an ex-employee threatening to make an unfair dismissal claim?
- Has a worker claimed that he/she is receiving unequal treatment within the Firm?
- Has an employee alleged bullying on inappropriate conduct on the part of another employee?
- Is your business expanding and do you need a Solicitor to negotiate financial terms with and finalise the security requirements of your bank?
- Do you have serious issues with your suppliers or customers requiring practical legal advice?
- Are your Employer’s Liability, Product Liability, and Public Liability Insurance Premium increasing annually?
If you answer NO to any of the following simple question your need our service
- Do you have a comprehensive contract of employment for all employees?
- Has every employee received a Company Handbook governing all terms of employment and procedures within the Firm?
- Has the Company formulated and circulated a copy of its Sexual Harassment and Bullying Policy document?
- Are the Firm’s procedure for dealing with contentious issue within the Company clearly stated and easy to implement?
- Is the Company aware of its obligation to compile and regularly update its Safety Statement and is this being done?
FOR THE WORKER
Unfair, Wrongful or Constructive Dismissal
There are two recognized situations where you may pursue a claim against your employer regarding your loss of employment. Unfair, (or wrongful), dismissal and constructive dismissal. Both are considered equally viable complaints. Nicholas who has chaired the Employment Appeals Tribunal is a Specialist in this area. Our Mission in this area is to support vulnerable Employees when faced with crisis.
How to prove Unfair/Constructive Dismissal
One of the most underestimated problems that can occur with unfair dismissal law is proving that you were actually an employee. That may sound strange but for you to claim that you were dismissed unfairly you have to prove that you had a contract of employment, either written or verbal, with the employer. Such can be implied with things like pay slips and witnesses to the fact that you showed up for work every day and did certain things that would suggest that you were a person employed by that particular employer.
There are several reasons your termination of employment can be deemed un-fair or wrongful. Dismissal rights in Ireland ensure that if a person is to be fired from their job there must be a “good” reason and it must be done in a certain way. Obviously defining whether you have been sacked for a good reason is something to be debated during the case investigation but obviously if you have been continually missing work without proper cause, you have stolen or been otherwise dishonest or should there be evidence of alcohol or drug abuse then your employer has every right to sack you.
More in depth reasons where you might feel you should not have been sacked but your employer does is when you are fired for things like not getting along with your work colleagues, your standard of work is not up the standard the employer wants or you have a long-term illness that is preventing you from doing the level of work needed. In most cases it will be your employer who will have to prove that such was interfering with his business. A common misconception is that an employer cannot fire you whilst you are actually off sick. They can, but they have to have allowed reasonable time for recovery and if your job is something that cannot tolerate periods of absence then the employer cannot be held responsible for protecting his business.
Claiming compensation for Unfair/Constructive Dismissal
There are many reasons employee dismissal is considered unfair even if you have worked there under 12 months, such as being sacked for becoming pregnant, join a trade union etc.
We will normally be able to tell you within the first conversation whether you actually have a case or not. These cases hinge on the presentation and investigation of the case and our experience is paramount.
Compensation for constructive dismissal is awarded in the same way but the structure of the case is slightly different. A constructive dismissal claim is pursued when the employer did not actually fire you but made it “impossible” for you to continue working in your job and “forcing” you to resign.
Please don’t hesitate to contact us for more information.