Solicitor for Employment Law in Dublin

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Employment Law in Ireland: Protecting Rights and Ensuring Fairness in the Workplace

Introduction to Employment Law in Ireland

Employment law is a cruc...

Employment Law in Ireland: Protecting Rights and Ensuring Fairness in the Workplace

Introduction to Employment Law in Ireland

Employment law is a crucial area of law that governs the relationship between employers and employees, ensuring that workers are treated fairly and that their rights are protected. In Ireland, employment law is designed to provide safeguards for employees, regulate employer-employee relationships, and maintain fairness in the workplace. Whether you are an employer or an employee in Dublin or anywhere else in Ireland, understanding the fundamental aspects of employment law is essential for creating a harmonious and legally compliant workplace.

What is Employment Law?

Employment law covers a wide range of legal issues related to the workplace, including:

  • Employment contracts and terms
  • Wages, salaries, and benefits
  • Health and safety regulations
  • Discrimination, harassment, and equal treatment
  • Employment disputes and dismissal
  • Working time and leave entitlements
  • Collective bargaining and trade unions
  • Workplace protections for vulnerable workers

The key pieces of legislation that form the foundation of employment law in Ireland include the Employment Equality Acts 1998-2015, the Organisation of Working Time Act 1997, and the Health, Safety, and Welfare at Work Act 2005. These laws provide a comprehensive framework for employee rights, workplace obligations, and protections against unfair treatment.

Key Areas of Employment Law in Ireland

  1. Employment Contracts and Terms of Employment

Every employee in Ireland is entitled to a written statement of their terms and conditions of employment. This employment contract outlines the rights and obligations of both the employer and the employee. Employment contracts must detail:

  • Job description and duties
  • Working hours and location
  • Pay and benefits
  • Leave entitlements (sick leave, annual leave, etc.)
  • Termination procedures
  • Probationary periods

In the absence of a written contract, the terms of employment can be implied based on the employee’s role and working conditions. It is important for both employees and employers to clearly understand and agree on the terms of the contract to avoid disputes.

  1. Wages and Benefits

One of the core elements of employment law is the regulation of wages and benefits. In Ireland, employees are entitled to at least the minimum wage as set out by the government, which varies depending on the age and experience of the worker.

In addition to wages, employees may also be entitled to certain benefits, including:

  • Holiday pay
  • Sick pay
  • Parental leave
  • Pension contributions
  • Other employee benefits (e.g., healthcare, bonuses)

Employers must ensure that employees receive their full pay and benefits as stipulated by law. Failure to do so can result in legal action from the employee or government penalties for the employer.

  1. Discrimination and Harassment

Irish employment law protects employees from discrimination based on gender, age, race, disability, religion, sexual orientation, and other characteristics. The Employment Equality Acts 1998-2015 prohibit discrimination in recruitment, promotion, training, pay, and conditions of employment.

Employees who believe they have been discriminated against may file a claim with the Workplace Relations Commission (WRC) or take legal action against their employer. Additionally, workplace harassment, such as bullying or sexual harassment, is illegal and can lead to significant legal consequences for employers who fail to address such issues.

  1. Unfair Dismissal

Dismissal from employment must be fair and follow the correct legal procedures. Unfair dismissal occurs when an employee is dismissed for reasons that are not lawful or justifiable under employment law. Under Irish law, an employee must have been employed for at least one year to claim unfair dismissal. However, there are exceptions for certain types of dismissal, such as those based on discrimination or retaliation.

Employers are required to provide fair reasons for dismissal, which may include:

  • Misconduct
  • Redundancy
  • Incompetence or poor performance
  • Legal restrictions on employment

If an employee believes they have been unfairly dismissed, they can challenge the decision by filing a claim with the WRC or seeking legal recourse.

  1. Working Time and Leave Entitlements

The Organisation of Working Time Act 1997 sets out the legal limits on working hours, rest breaks, and leave entitlements in Ireland. Employees are entitled to:

  • Maximum working hours: Generally, employees cannot be required to work more than 48 hours per week on average.
  • Rest breaks: Employees must receive a rest break of at least 11 consecutive hours in every 24-hour period and a 24-hour break each week.
  • Paid annual leave: Employees are entitled to a minimum of four working weeks of paid leave each year.
  • Sick leave: While there is no statutory sick pay, employees may be entitled to sick leave under the terms of their contract or collective agreements.
  • Maternity and paternity leave: Employees are entitled to paid maternity and paternity leave in accordance with the law.
  1. Health and Safety at Work

The Health, Safety, and Welfare at Work Act 2005 sets out the duties of employers to ensure the health and safety of their employees. Employers must provide a safe working environment, identify and manage risks, and ensure that employees are adequately trained to perform their duties safely.

Employees also have a responsibility to follow health and safety protocols and report any unsafe conditions or practices to their employer. If an employee believes that their health or safety is at risk, they have the right to raise concerns and request a safe working environment.

  1. Trade Unions and Collective Bargaining

In Ireland, employees have the right to join trade unions, which are organizations that represent workers’ interests in negotiating employment terms, wages, and conditions. Trade unions play an important role in collective bargaining and dispute resolution. Employees who are members of trade unions have the right to engage in industrial action or to seek assistance from the union in resolving workplace issues.

Employers are prohibited from discriminating against employees for being union members or engaging in union activities.

When Should You Consult an Employment Lawyer?

  1. If You Have Been Unfairly Dismissed

If you have been dismissed from your job in Dublin or elsewhere in Ireland and believe it was unfair or unlawful, it may be necessary to seek legal advice. An employment lawyer can help you determine if your dismissal was justified, guide you through the appeal process, and represent you in any legal proceedings.

  1. If You Are Facing Workplace Discrimination or Harassment

If you are a victim of discrimination or harassment at work, it is crucial to consult an employment lawyer to understand your rights and take appropriate action. A lawyer can help you file a claim with the WRC or take legal action against your employer.

  1. If You Are Dealing with Wage or Benefit Issues

If you believe that you are not receiving the correct wages or benefits as stipulated in your contract, an employment lawyer can help you resolve the issue. They can assist you in negotiating with your employer or filing a claim for unpaid wages or benefits.

  1. If You Have Questions About Employment Contracts or Leave Entitlements

If you are unsure about the terms of your employment contract or your rights regarding leave entitlements, an employment lawyer can provide clear guidance on your legal rights and obligations. They can help you understand your entitlements and ensure that your employer is complying with the law.

Conclusion

Employment law in Ireland provides a framework that ensures both employers and employees understand their rights and responsibilities in the workplace. Whether it is regarding contracts, wages, discrimination, or unfair dismissal, the law is designed to promote fairness and protect the rights of workers. If you are an employee or employer in Dublin or elsewhere in Ireland and are facing employment-related legal issues, consulting an experienced employment lawyer can help you navigate these challenges and protect your interests.

About Judith

Judith Riordan is a Partner in our Dispute Resolution team. She specialises in insolvency and financial restructuring matters along with all related litigation.

Judith has broad experience advising and protecting the interests of all stakeholders in formal insolvency p...

About Judith

Judith Riordan is a Partner in our Dispute Resolution team. She specialises in insolvency and financial restructuring matters along with all related litigation.

Judith has broad experience advising and protecting the interests of all stakeholders in formal insolvency processes including examinership, liquidation, receivership, SCARP and bankruptcy. She routinely represents insolvency office-holders in court and out of court. She also advises companies and their officers on solvency issues and risks.

In addition to advising troubled businesses, Judith frequently advises secured creditor in formal insolvency processes and informal work-out arrangements.

She has experience advising both domestic and international clients in cross border cases across a range of sectors. Judith also has extensive experience of insolvency related litigation.

jriordan@mhc.ie
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About Robert

Robert is a Partner in our Construction, Infrastructure and Utilities team. Robert specialises in construction legal issues, both contentious and non-contentious.

Robert leads on contentious matters in the commercial court as well as arbitration, conciliation and medi...

About Robert

Robert is a Partner in our Construction, Infrastructure and Utilities team. Robert specialises in construction legal issues, both contentious and non-contentious.

Robert leads on contentious matters in the commercial court as well as arbitration, conciliation and mediation, usually with a construction or public procurement focus.

Robert also advises on infrastructure and life science contracts. Robert provides mid-stream advice on high value construction projects, keeping the focus on successful project delivery and avoiding formal dispute resolution processes.

Robert has worked with the Irish Public Works Contracts since their introduction in 2007, including some of the most significant contracts awarded under that form. Robert also work regularly with FIDIC and RIAI forms of contract, as well as bespoke forms.

rrooney@mhc.ie
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About Áine

Áine Quirke works on our market-leading Privacy and Data Security team and is based in our New York office. She advises some of the world’s leading tech and social media companies on all aspects of GDPR compliance. Her practice focuses on counselling clients on the roll-out of ...

About Áine

Áine Quirke works on our market-leading Privacy and Data Security team and is based in our New York office. She advises some of the world’s leading tech and social media companies on all aspects of GDPR compliance. Her practice focuses on counselling clients on the roll-out of new and emerging technologies and products. She also has particular expertise advising companies on cookies and similar tracking technologies.

Áine advises clients on regulatory investigations and enforcement actions taken by data protection authorities. She also has experience in contentious data protection-related litigation, take down requests and navigating engagements with government agencies, including law enforcement.

She regularly counsels US technology companies on their international expansion plans and privacy structure in Europe.

Áine is also qualified as an attorney-at-law in New York.

aquirke@MHC.ie
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About Shane

Shane is a Health & Prosecutions Partner. He provides strategic advice to State entities in complex regulatory investigations and enforcement proceedings.

Shane advises a number of state agencies in the area of regulatory prosecutions in courts nationwide in diverse ar...

About Shane

Shane is a Health & Prosecutions Partner. He provides strategic advice to State entities in complex regulatory investigations and enforcement proceedings.

Shane advises a number of state agencies in the area of regulatory prosecutions in courts nationwide in diverse areas such as public health, food hygiene, environmental law and energy.

Shane acted in High Court injunctive proceedings initiated as a test case for local authorities and which formed an important part of the Government’s national waste management priorities.

Shane has developed standard criminal prosecution procedures and civil enforcement policies for state bodies. Shane presents training seminars in the area of regulatory investigations.

Shane advises corporates and privates individuals in regulatory and financial crime matters.

sreynolds@mhc.ie
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About Elizabeth

Liz is a Partner in our Debt Recovery team. She has deep and wide-ranging experience in advising on complex commercial disputes. She currently manages a team who recover debt for a large public sector client.

Prior to embarking on her commercial career, Liz advised...

About Elizabeth

Liz is a Partner in our Debt Recovery team. She has deep and wide-ranging experience in advising on complex commercial disputes. She currently manages a team who recover debt for a large public sector client.

Prior to embarking on her commercial career, Liz advised charitable clients appearing before State Inquires. She has also managed large scale bulk litigation on behalf of charitable bodies, as well as commercial entities. Her experience also includes fraud, product liability & professional negligence.

She further specialises in complex enforcement procedures and remedies, such as bankruptcy, fraudulent transfers, and appointment of a receivers by way of equitable execution. She continues to maintain a practice in resolving commercial disputes and pursuing enforcement such as bankruptcy.

equinn@mhc.ie
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About Áine

Áine is a Partner in our Real Estate and Built Environment team. She has broad experience advising corporate clients on all aspects of commercial property transactions to include landlord and tenant law, sales and acquisitions.

Áine acts for corporate clients on the mana...

About Áine

Áine is a Partner in our Real Estate and Built Environment team. She has broad experience advising corporate clients on all aspects of commercial property transactions to include landlord and tenant law, sales and acquisitions.

Áine acts for corporate clients on the management of extensive and high-profile portfolios of Irish Assets from purchase, financing, and development to leasing and ultimate sale.

Áine acts for lenders on the financing of commercial real estate, to include portfolios of mixed-use developments and social housing developments. Áine leads the team that advises a number of State utility providers on all real estate matters including diverse and large volume transactional work.

Áine’s broad experience, commercial insight, and legal expertise, means that she can recognise and cut through potential issues at an early stage in a transaction, and avoid delays with pragmatic and commercial solutions.

aquigley@mhc.ie
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About Kevin

Kevin is head of our Medical Law team. He specialises in healthcare and life sciences law and regulation. As a former practising medical doctor he has particular insight on challenges in the sector.

Kevin advises a number of Ireland’s major hospitals in both public and ...

About Kevin

Kevin is head of our Medical Law team. He specialises in healthcare and life sciences law and regulation. As a former practising medical doctor he has particular insight on challenges in the sector.

Kevin advises a number of Ireland’s major hospitals in both public and private sectors for the Clinical Indemnity Scheme. He also works for multinational laboratories, pharmaceutical and medical device manufacturers.

He has particular expertise in the defence of complex high value clinical negligence cases, advocacy and product liability litigation. Kevin also advises a wide range of clients on regulatory issues including enforcement, product safety and recall.

Kevin is known for his clear, definitive advice to clients which enables them to make confident and informed decisions.

kpower@mhc.ie
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About Maurice

Maurice is Head of our Dispute Resolution team. He specialises in complex commercial disputes and arbitrations and is recognised for his skill in finding commercial solutions to complex matters.

Maurice has experience in a wide range of commercial litigation matters ...

About Maurice

Maurice is Head of our Dispute Resolution team. He specialises in complex commercial disputes and arbitrations and is recognised for his skill in finding commercial solutions to complex matters.

Maurice has experience in a wide range of commercial litigation matters including high value contractual and tortious disputes and shareholders disputes, often with an international component. He has acted in some of the most high-profile matters in the Irish market and is consistently acknowledged for his technical ability and strategic approach.

He routinely advises insolvency office holders and stakeholders in the insolvency process. He also provides strategic advice to companies and their directors in distressed situations on corporate restructuring and insolvency issues.

mphelan@mhc.ie
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About Hannah

Hannah is a Partner in our Privacy and Data Security team.

Hannah advises on all aspects of privacy and technology, from product counsel to cybersecurity, AI, international data transfers and law enforcement. Hannah has a multitude of experience in working with client...

About Hannah

Hannah is a Partner in our Privacy and Data Security team.

Hannah advises on all aspects of privacy and technology, from product counsel to cybersecurity, AI, international data transfers and law enforcement. Hannah has a multitude of experience in working with clients across the tech and IoT space, from traditional blue-chip manufacturers to next-generation AI and crypto businesses.

Hannah is known for providing commercial and pragmatic solutions to complex privacy issues. Hannah acts as lead product counsel for the world’s leading technology companies and specialises in building complex, multi-faceted privacy programmes for fast-growth companies.

From her experience as a commercial contracts lawyer, Hannah also has a reputation as a keen negotiator and is regularly instructed by top tech companies to handle their challenging contracts.

Prior to joining us, Hannah gained much of her experience with a Tier 1 technology practice and from her time in the European Court of Human Rights. Her variety of experience and knowledge means that she brings a unique depth of understanding and exposure to her advice.

hperry@mhc.ie
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About Anthony

Anthony is a Financial Services partner in our Investment Funds team.

He provides advice on a wide of range of UCITS and AIF structures which employ a broad range of investment strategies including passive, smart beta, active, fund of funds, hedge funds, private...

About Anthony

Anthony is a Financial Services partner in our Investment Funds team.

He provides advice on a wide of range of UCITS and AIF structures which employ a broad range of investment strategies including passive, smart beta, active, fund of funds, hedge funds, private equity and private credit.

In addition to advising on collective investment schemes, Anthony regularly engages with the owners of fund service providers on the acquisition and disposal of Irish operations or Irish branches of entities domiciled in other jurisdictions. Anthony also regularly provides guidance on the addition of financing into Irish fund structures.

Anthony is an active member of Irish Funds, the industry association with responsibility for promoting funds based in Ireland. Anthony was previously based in London and New York and regularly travels between and works with clients in those locations.

Anthony has completed secondments in the product teams of two of the World’s largest asset managers and a well-known white label third party management company based in Dublin. Prior to joining the Firm, Anthony worked in the asset management departments of two leading Irish firms in Dublin.

aohanlon@mhc.ie
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Questions and answers about Employment Law

How Can I Avoid Debt in Ireland? 1 Answer

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15.12.2024

I’m worried about accumulating debt. How can I manage my finances and avoid falling into debt in Ireland?

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If I need to go to family court, am I eligible for legal aid in Ireland, and how do I apply?

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Do I Have to Pay Tax on Inheritance in Ireland? 1 Answer

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If I inherit property or money, am I required to pay inheritance tax in Ireland? How much can I inherit before I need to pay tax?

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How Do I Contest a Fine in Ireland? 1 Answer

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What Are My Rights When Renting in Ireland? 1 Answer

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I’m renting an apartment in Dublin. What are my rights in terms of repairs, rent increases, and eviction?

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How Do I Challenge a Will in Ireland? 1 Answer

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