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 Nina

Nina is a Senior Associate on the Technology and Privacy and Data Security teams. She works on both contentious and non-contentious privacy-related matters.

The contentious practice consists of working on large scale investigations and inquiries by data protection autho...

About Nina

Nina is a Senior Associate on the Technology and Privacy and Data Security teams. She works on both contentious and non-contentious privacy-related matters.

The contentious practice consists of working on large scale investigations and inquiries by data protection authorities (including matters that have been escalated to the European Data Protection Board) and privacy-related litigation. She also works on navigating engagements with government agencies around data disclosure, including law enforcement.

The non-contentious work consists of advising fast-scaling companies and established West Coast internet companies about establishment in the EU and their privacy compliance which usually goes beyond just the GDPR. As part of this, she also handles cross-border data breaches including the notification and post data breach remediation.

Nina also works with clients on compliance with emerging data laws, including the Digital Services Act and AI Act. This includes from understanding whether and how these laws apply to designing effective and efficient compliance measures with minimal impact on business.

ninam@mhc.ie
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About Stephen

Stephen is a Senior Associate in our Financial Regulatory team. He originally qualified and practised as a barrister in Northern Ireland.

Stephen’s work encompasses the wide range of licensing and regulatory issues, which face both domestic and international financial...

About Stephen

Stephen is a Senior Associate in our Financial Regulatory team. He originally qualified and practised as a barrister in Northern Ireland.

Stephen’s work encompasses the wide range of licensing and regulatory issues, which face both domestic and international financial institutions. He works with established credit institutions, insurance undertakings and payment institutions, as well as those looking to operate in Ireland for the first time.

Stephen gained invaluable experience of the Irish regulatory landscape from his time in the Central Bank of Ireland. He has a particular interest in areas such as AML, white collar crime, fitness and probity, risk mitigation programmes and enforcement actions taken by the Central Bank.

smcveigh@mhc.ie
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About Caoimhe

Caoimhe is a Senior Associate in our Real Estate Team.

Caoimhe has experience across a broad range of real estate transactions and advises clients on all aspects of commercial real estate. Caoimhe works with borrowers, lenders and investors on various financing transa...

About Caoimhe

Caoimhe is a Senior Associate in our Real Estate Team.

Caoimhe has experience across a broad range of real estate transactions and advises clients on all aspects of commercial real estate. Caoimhe works with borrowers, lenders and investors on various financing transactions as well as advising clients on sales and acquisitions and the disposal and leasing of commercial and mixed-use real estate assets.

Caoimhe’s commercial insight and practical and problem-solving approach allows her to give straightforward and strategic advice to clients to ensure a positive outcome for our clients.

ccusack@mhc.ie
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About Richard

Richard is a Senior Associate with our Insurance and Risk team. He acts in the defence of employer liability, public liability, product lability, and data protection defence litigation claims. He specialises in acting for insurers or self-insured clients in the defence of cl...

About Richard

Richard is a Senior Associate with our Insurance and Risk team. He acts in the defence of employer liability, public liability, product lability, and data protection defence litigation claims. He specialises in acting for insurers or self-insured clients in the defence of class action type claims. He has extensive experience in acting for clients before the High Court, Court of Appeal and Commercial Court.

Richard has worked on delivering large scale technology assisted discovery projects. He works with clients, and third-party consultants, through each stage of the discovery process from identifying data custodians, to managing review teams.

Prior to joining the insurance and risk team, Richard worked in commercial litigation advising a range of commercial clients and state bodies on contract disputes, trustee disputes, shareholder disputes and partnership disputes.

richardhogan@mhc.ie
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About Aine

Aine is a senior associate on our Employment and Benefits team. Her area of expertise is in Business Immigration.

Her immigration experience covers all immigration and employment applications to include advice sought by both companies and private individuals in relation ...

About Aine

Aine is a senior associate on our Employment and Benefits team. Her area of expertise is in Business Immigration.

Her immigration experience covers all immigration and employment applications to include advice sought by both companies and private individuals in relation to immigration matters.

Aine has extensive knowledge in Business Immigration and regularly advises clients on transferring their non-EEA employees to Ireland and on employing non-EEA nationals in Ireland. She also has extensive knowledge on citizenship applications, visa requirements in Ireland and entry into the State. Aine also advises voluntary organisations and missionaries in relation to transferring non-EEA volunteers to Ireland and securing their permission to stay in the State.

ainewright@mhc.ie
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About Noel

Noel is a Senior Associate in our Privacy and Data Security team.

Noel advises on a broad variety of privacy / data security issues across a number of contexts. The range here includes legal compliance advisory work and more contentious matters such as data protection co...

About Noel

Noel is a Senior Associate in our Privacy and Data Security team.

Noel advises on a broad variety of privacy / data security issues across a number of contexts. The range here includes legal compliance advisory work and more contentious matters such as data protection complaints, regulator investigations and related litigation.

He has assisted clients in successfully developing and maintaining products and services that are compliant with applicable laws and in navigating their way through complex, cross-border regulatory investigations involving multiple regulators.

nkealy@mhc.ie
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About Brian

Brian Cronin is an Associate on our market-leading Privacy and Data Security team.

Brian advises some of the world’s leading technology companies on GDPR and other regulatory compliance matters including advising on the roll-out of emerging and innovative technologies ...

About Brian

Brian Cronin is an Associate on our market-leading Privacy and Data Security team.

Brian advises some of the world’s leading technology companies on GDPR and other regulatory compliance matters including advising on the roll-out of emerging and innovative technologies and products, international data transfers, internal governance issues, privacy structures, cookies and similar tracking technologies, and privacy by design.

He is a proven results-driven and collaborative lawyer with deep technological knowledge of the fields he advises on, meaning that he is able to navigate complex issues at the intersection of technology and the law in a fast-paced environment.

bcronin@mhc.ie
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About Chloe

Chloe Wilkinson is an Associate in our market leading Privacy & Data Security team.

Chloe works with international and domestic leading technology companies on a diverse range of complex issues.

Chloe regularly advises clients on data protection issues arising ...

About Chloe

Chloe Wilkinson is an Associate in our market leading Privacy & Data Security team.

Chloe works with international and domestic leading technology companies on a diverse range of complex issues.

Chloe regularly advises clients on data protection issues arising as a result of the various and continually evolving legislative regimes including the GDPR, e-Privacy Directive and the Digital Services Act. Chloe assists on a diverse range of privacy related matters, including advising organisations on the roll out of their innovative products and ensuring privacy by design is incorporated from the beginning of any innovative design. She also advises clients on data and security breach incidents. In addition, she regularly advises clients on developing and implementing their privacy governance frameworks, as well as data mapping organisations data processing activities and formulating compliance plans.

As well as advisory experience, Chloe also regularly works with clients on contentious data protection matters. She has particular experience in this area, acting for well-known multinational organisations in statutory inquiries commenced by the Irish Data Protection Commissioner, as well as inquiries involving the European Data Protection Board. As a result, Chloe has gained experience dealing with most European regulators on GDPR issues that have resulted in worldwide media coverage and fines of a huge quantum. Chloe also engages with government agencies and non-for profits in law enforcement privacy related matters.

Prior to joining us, Chloe gained experience working in-house in a multinational pharmaceutical company, working on the legal and compliance team. This role and diverse experience means Chloe has a strong understanding of the regulatory challenges companies face and an acute understanding of the pragmatic and commercial advice they need.

cwilkinson@mhc.ie
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About Cathal

Cathal Minihane is a Senior Associate in our Public, Regulatory and Investigations team.

Cathal advises and represents public sector and regulatory bodies on their statutory powers, and in relation to governance, statutory interpretation, judicial review and statutory ...

About Cathal

Cathal Minihane is a Senior Associate in our Public, Regulatory and Investigations team.

Cathal advises and represents public sector and regulatory bodies on their statutory powers, and in relation to governance, statutory interpretation, judicial review and statutory appeals, drafting of legislation, inquiries and investigations, administrative law, fair procedures, and regulation. He also advises those interacting with public sector bodies and regulators on these issues. He has worked as an in-house legal advisor in the public sector as well as an external legal advisor to public bodies.

cminihane@mhc.ie
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About Alex

Alex has been with the firm since 2022.

Prior to this, Alex most recently managed HR and Recruitment for an Engineering firm with 5 offices across Europe. He also ran a Recruitment Agency for over 6 years. From this experience, Alex prides himself on not only finding the...

About Alex

Alex has been with the firm since 2022.

Prior to this, Alex most recently managed HR and Recruitment for an Engineering firm with 5 offices across Europe. He also ran a Recruitment Agency for over 6 years. From this experience, Alex prides himself on not only finding the best fit for the practice areas, but also working with people to identify a career path which most appeals to them.

Should you be interested in a career with us, Alex will always look forward to aligning our career offering, with your career preferences.

acoffey@mhc.ie
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Questions and answers about Employment Law

Can I Legally Record a Conversation in Ireland? 1 Answer

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15.12.2024

If I’m having a conversation with someone, can I legally record it in Ireland without their consent?

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Can I Claim Benefits If I’m Unemployed in Ireland? 1 Answer

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I’ve recently lost my job. Am I entitled to any benefits or financial support from the government in Ireland?

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How Can I Avoid Debt in Ireland? 1 Answer

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

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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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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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What to Do If the Gardaí Call You In? 1 Answer

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If you’ve been asked to come to the Garda station, you may feel uncertain about your rights and what steps to take. What should you do next to protect yourself legally?

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What Are the Rules for Driving in Ireland? 1 Answer

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Are there any important rules I should know about driving in Ireland, especially regarding alcohol limits and road safety?

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How Do I Settle Business Disputes in Ireland? 1 Answer

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