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 Dermot

Dermot is a Partner in our Commercial team. His expertise combined with business acumen means that he is an invaluable resource to clients looking for clear and pragmatic advice.

He has particular expertise managing large scale technology outsourcing contracts and a r...

About Dermot

Dermot is a Partner in our Commercial team. His expertise combined with business acumen means that he is an invaluable resource to clients looking for clear and pragmatic advice.

He has particular expertise managing large scale technology outsourcing contracts and a range of related matters, such as privacy and sector specific regulatory issues. Dermot regularly acts as trusted counsel on strategically important and novel technology projects.

His commercial contract experience is extensive and market leading, covering operational / supply chain agreements, route to market agreements, preparing and implementing template agreements and associated playbooks and providing an overflow service to in-house teams. He has also spent time on secondment and provided several commercial contract retainer services. This experience means that Dermot understands the challenges in-house lawyers face and is able to offer commercial advice which is tailored to risk profile.

Dermot has practised in both Ireland and the UK. He is best known for his work in the Financial Services and Life Sciences sectors. He has a deep understanding of the sensitivities in these sectors and the need to balance strategy and commercial intent with sector specific regulatory requirements.

dmcgirr@mhc.ie
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About Brian

Brian is a Partner in our Technology Law team and is Head of our Artificial Intelligence (AI) team.

Brian re-joined us in January of 2023 having spent time in-house as Chief Intellectual Property counsel with an Irish AI fintech start-up. During that time, he gained sig...

About Brian

Brian is a Partner in our Technology Law team and is Head of our Artificial Intelligence (AI) team.

Brian re-joined us in January of 2023 having spent time in-house as Chief Intellectual Property counsel with an Irish AI fintech start-up. During that time, he gained significant experience in operationalising and commercialising AI platforms and solutions. He led AI invention harvesting and international patent and trademark portfolio filing projects. He was also part of a team that conceived and developed a bespoke inhouse software invention and R&D tagging tool that has applications in the trade secret space also.

Brian helps clients prepare for compliance with the AI Act. This involves guiding them through:

  • EU AI Act strategy and compliance planning.
  • prohibited and high-risk AI systems threshold analyses
  • high-risk AI systems compliance planning
  • advising LLM / GenAI providers on their compliance obligations under the AI Act
  • working with clients to implement transparency obligations into the output of AI products.
  • Structuring and advising clients on AI Governance and related responsible AI policies and procedures.

Prior to working in-house, Brian was a Partner in our intellectual property team with many years’ experience in IP and technology law in a number of large firms. He is a proven results-driven and collaborative leader able to navigate complex technology and intellectual property issues in a fast-paced environment. Brian is an expert in designing and implementing business-focused AI and IP strategies and a trusted legal advisor to R&D and business leadership. His experience also includes M&A transactions, negotiating strategic partnerships, overseeing AI and IP asset management, and regulatory compliance. He has a passion for working in diverse technical and complex fields.

brianmcelligott@mhc.ie
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About Rob

Rob is a partner in our Construction, Infrastructure & Utilities team, specialising in Energy law. He is a seasoned practitioner with over 22 years’ experience in Ireland and Australia.

Prior to returning to Ireland in December 2021, Rob was Deputy General Counsel at Iber...

About Rob

Rob is a partner in our Construction, Infrastructure & Utilities team, specialising in Energy law. He is a seasoned practitioner with over 22 years’ experience in Ireland and Australia.

Prior to returning to Ireland in December 2021, Rob was Deputy General Counsel at Iberdrola Australia (previously called Infigen Energy), based in Sydney.

Rob has extensive and varied renewable energy and infrastructure experience, and has advised owners, operators and contractors on significant wind farm, solar farm and energy storage projects. Having spent over 10 years' in-house, he is particularly attuned to the commercial drivers of businesses operating in the Energy sector.

Rob is also admitted as a solicitor in New South Wales, Australia.

rmcdwyer@mhc.ie
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About Dorit

Dorit is a Partner in the Competition & Antitrust team and Head of Public Procurement, with extensive experience advising on all aspects of EU competition and procurement law.

She regularly advises clients on the competition law implications of commercial contracts, mer...

About Dorit

Dorit is a Partner in the Competition & Antitrust team and Head of Public Procurement, with extensive experience advising on all aspects of EU competition and procurement law.

She regularly advises clients on the competition law implications of commercial contracts, merger control, antitrust investigations, abuse of a dominant position, compliance and enforcement issues, State aid as well as competition litigation. She also advises clients on state aid matters and the impending Irish foreign direct investment screening regime.

In addition, Dorit has an excellent track record of advising public and private sector clients in the public and utilities sectors on a wide range of procurement issues, including advising on procurement strategy and execution, drafting procurement documentation, advising on selection and award criteria, evaluation methodology and scoring matrix, debrief requirements and defending or initiating a legal challenge.

Dorit is known for her keen eye for detail and pragmatic and solution-focused advice. She has practised law in England, Northern Ireland and Ireland for 25 years and is used to advising clients on cross-jurisdictional issues. Her experience allows her to draw on the practice in these jurisdictions and to develop strategies and solutions to difficult issues.

dmccann@mhc.ie
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About Hazel

Hazel is a Partner in our Intellectual Property Law team, and our Food, Agriculture & Beverage sector co-lead.

She partners with clients to identify, secure and commercialise their intellectual property rights and protect their intellectual property rights from infringe...

About Hazel

Hazel is a Partner in our Intellectual Property Law team, and our Food, Agriculture & Beverage sector co-lead.

She partners with clients to identify, secure and commercialise their intellectual property rights and protect their intellectual property rights from infringement.

Hazel is an expert on brand protection issues and trade mark strategies and manages international trade mark portfolios for clients. She acts in contentious trade mark, copyright, designs and patent matters.

Hazel also advises on intellectual property commercialisation and intellectual property issues in commercial transactions. She understands the commercial needs of her clients in a range of jurisdictions and particularly in cross border matters, as a result of advising on intellectual property issues in Ireland and Australia.

Prior to joining us, Hazel was an intellectual property partner in a leading Australian commercial law firm, based in Sydney.

hmcdwyer@mhc.ie
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About Robert

Robert is a partner in our leading Privacy and Data Security and Technology, Sourcing and Innovation teams. He helps major tech and other companies successfully implement global privacy, transfer and digital compliance programs.

He assists clients with how best to stra...

About Robert

Robert is a partner in our leading Privacy and Data Security and Technology, Sourcing and Innovation teams. He helps major tech and other companies successfully implement global privacy, transfer and digital compliance programs.

He assists clients with how best to strategically manage security incidents and privacy related regulatory engagement and claims. Robert also works with major tech and other companies in developing and refining specialist product and service terms, particularly those with a privacy dimension. In addition, he acts as trusted advisor on complex technology and outsourcing deals and has a niche expertise in procurement as a result of leading on significant public tech projects like the National Broadband Project and National Postcode Project.

Robert is known as an astute lawyer with a keen eye for detail, whilst always remaining business savvy. Robert excels at strategic and long-term thinking and an ability to scenario plan for all contingencies.

rmcdonagh@mhc.ie
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About Mark

Mark is a Partner in our Healthcare & Medical team. He specialises in the defence of high value and complex medical malpractice claims whilst representing the interests of hospitals and healthcare professionals in both the public and private sector. He also handles inquests on ...

About Mark

Mark is a Partner in our Healthcare & Medical team. He specialises in the defence of high value and complex medical malpractice claims whilst representing the interests of hospitals and healthcare professionals in both the public and private sector. He also handles inquests on their behalf.

Mark acts for several major Irish hospitals on the instructions of the Clinical Indemnity Scheme of the State Claims Agency and acts on behalf of clinical laboratory service providers in cases where the misreporting of cervical slides is alleged.

In previous roles with two leading healthcare firms in Ireland, Mark has represented the interests of private consultants and GPs on behalf of the largest indemnifier operating in Ireland, as well as private hospitals and other healthcare service providers on the instructions of their Irish and international indemnifiers and insurers.

mmccabe@mhc.ie
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About Eimear

Eimear is a Partner in our Corporate team. She advises on a range of corporate matters and is particularly active in the healthcare and energy sectors.

Eimear is recognised for her significant experience acting in the sale, purchase and restructuring of healthcare ass...

About Eimear

Eimear is a Partner in our Corporate team. She advises on a range of corporate matters and is particularly active in the healthcare and energy sectors.

Eimear is recognised for her significant experience acting in the sale, purchase and restructuring of healthcare assets. She advises many of the leading Irish and European operators and organisations on their portfolios of Irish healthcare assets.

She has extensive experience advising on renewable energy transactions having acted for many of the prominent developers and investors in the Irish energy sector. In addition, Eimear worked for a number of years as in-house counsel in a well-known renewables energy company.

Eimear joined us in 2015 having previously worked in-house and in corporate departments of other Dublin law firms. Due to her valuable experience working in industry, she understands clients’ needs and is commercial and solution focused in her approach.

elyons@mhc.ie
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About Kevin

Kevin is Co-Head of our Tax team. Kevin advises domestic and international clients on the tax aspects of doing business in Ireland.

Prior to joining us, Kevin spent 6 years advising on international tax structuring activities and tax controversy with a major inter...

About Kevin

Kevin is Co-Head of our Tax team. Kevin advises domestic and international clients on the tax aspects of doing business in Ireland.

Prior to joining us, Kevin spent 6 years advising on international tax structuring activities and tax controversy with a major international technology company and, before that, Kevin held roles in the tax groups of another leading Irish law firm and a Magic Circle law firm in London.

Kevin’s experience offers a unique perspective to clients operating internationally and in Ireland and in supporting the implementation of their business strategies in a tax efficient and compliant manner.

Kevin works with international groups on cross-border tax structuring, assisting with the design of their global holding, financing, intellectual property and supply chain structures in Ireland and internationally. He also advises clients on the use of holding companies in Ireland, migrations, M&A, reorganisations and private equity investment structures.

Kevin brings significant tax experience in financial services matters, including structured finance transactions, RMBS, CMBS and CLOs, and on real estate investment structures and on tax controversy matters, both in Ireland and other territories.

kmangan@mhc.ie
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About Michael

Michael is a Partner in our Commercial Department. With over 20 years’ experience, he is a regulatory specialist with a focus on content and communications regulation.

Technology companies are subject to an increasingly complex legal and regulatory landscape in ...

About Michael

Michael is a Partner in our Commercial Department. With over 20 years’ experience, he is a regulatory specialist with a focus on content and communications regulation.

Technology companies are subject to an increasingly complex legal and regulatory landscape in the EU, particularly as it relates to harmful and illegal online content. Michael is centrally involved in assisting some of the world’s largest technology companies navigate these laws, from understanding whether and how they apply to designing effective and efficient compliance measures with minimal impact on business.

Michael advises clients on all aspects of the EU’s Digital Services Act as well as on related laws such as the AVMS Directive, Terrorist Content Online Regulation, CSAM Regulation Proposal and Ireland’s Online Safety and Media Regulation Act.

Michael also has intimate knowledge of the EU electronic communications regulatory framework, including its complex ePrivacy rules, which now apply to a wide range of technology companies.

mmadden@mhc.ie
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Questions and answers about Employment Law

I was dismissed from my job, and I feel the decision was unfair. What steps can I take to challenge this in Ireland?

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

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How Can I Start a Business in Ireland? 1 Answer

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