Employment Law

We provide a fully comprehensive service for both businesses and individuals.

In respect of Employment Law, it is an area of law which can be difficult to both keep on top of and indeed to ensure that you stay the correct course.

In relation to Employment Law, Conways Solicitors can advise in respect of all matters from everything from assisting or drafting of the contracts of employment to analyzing the contracts of employment through to advising on the common pitfalls such as failure to give written terms and conditions of employment to an employee which can lead to up to four weeks pay being granted to the employee by a rights commissioner or the Employment Appeals Tribunal.

Other issues which regularly arise in respect of Employment Law relates to bullying and harassment, grievance procedures and safety statements.

Conways Solicitors can not only assist you in drafting the various documents that are required in order to meet the various criteria and standards but it also will ensure that you have a point of reference when something starts to go wrong.

Where something has kicked off, often times it can be of great assistance to simply pick up the phone and discuss the matter with your solicitor in order to ascertain whether or not the steps that you are taking are the correct steps and are likely to lead to a positive result rather than a negative one. The consequences of a negative result being an award against you, negative press published on the internet.

In most small to medium businesses, the absence of grievance procedure or a bullying and harassment guideline book can be commonplace but lead to significant problems later on down the road.

At Conways Solicitors, we believe in providing you with a service that enables you to refer to documents that are simple, clear and unambiguous. Conways Solicitors also provide representations before the Rights Commissioner, the Employment Appeals Tribunal and the Equality Tribunal.

Rights Commissioner

The Rights Commissioner operates under the umbrella of the Labour Relations Commission. Rights Commissioners themselves are individuals who investigate disputes and grievances made under various employment legislation. This legislation includes:

  • Unfair Dismissals Act 1977-2007
  • Maternity Protection Acts 1994-2004
  • Payments of Wages Act 1991
  • National Minimum Wage Act 2000
  • Terms of Employment Information Acts 1994 & 2001
  • The Protection of Young Persons (Employment) Act 1996
  • The Industrial Relations Act 1969 – 1990
  • Adoptive Leave Acts 1995 & 2005
  • Parental Leave Acts 1998 & 2006
  • The Organisation of Working Time Act 1997
  • Protection of Employees (Part time work) Act 2001
  • Protection of Employees (Fixed Term work) 2003
  • Safety, Health & Welfare at Work Act 2005

Conways Solicitors can assist you in preparing an application to the Rights Commissioner and guiding your through the process.

Conways solicitors can also assist a business who has had a complaint made against it.

Where a complaint has been made to the Rights Commissioner Service, an individual commissioner will be appointed. The hearings are informal and held in various locations which are local to the location from which the complaint arises.

Employment Appeals Tribunal

The Employment Appeals Tribunal is again an independent body which is designed to avoid the stress, hassle, costs and delay of a court case. It is a informal and efficient method for employees to air grievances about their statutory rights.

The following legislation is covered by the EAT.

  • Redundancy Payments Acts, 1967 to 2007
  • Minimum Notice and Terms of Employment Acts, 1973 to 2005
  • Unfair Dismissals Acts, 1977 to 2007
  • Protection of Employees (Employers’ Insolvency) Acts, 1984 to 2004
  • Organisation of Working Time Act, 1997
  • Payment of Wages Act, 1991
  • Terms of Employment (Information) Act, 1994 and 2001
  • Maternity Protection Act 1994 and 2004
  • Adoptive Leave Act 1995 and 2005
  • Protection of Young Persons (Employment) Act, 1996
  • Parental Leave Act 1998 and 2006
  • Protections for Persons Reporting Child Abuse Act, 1998
  • European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003
  • European Communities (Protection of Employment) Regulations, 2000
  • Carer’s Leave Act, 2001
  • Competition Act, 2002
  • The Civil Service Regulations (Amendment) Act 2005
  • Chemicals Act 2008

Again, hearings are usually held reasonably locally to the area wherein the dispute took place. It is usually chaired by one member with two other members to make up a panel of three. The decisions are ultimately published after the hearing which again, is informal and may, subject to the individual case, be published on the EAT website.

Equality Tribunal

The Equality Tribunal deals with complaints of discrimination under the legislation in this area, namely:

  • The Employment Quality Acts 1998-2008
  • The Equality Status Acts 2000-2008

The legislation referred to above prohibits discrimination on nine grounds.

  • Gender
  • Marital Status
  • Family Status
  • Sexual Orientation
  • Religion
  • Age disability
  • Race
  • Membership of the travelling community

It is quite common for there to be more than one heading under which a claim may be brought.

Over the last few years, the number of claims made to the Equality Tribunal have seen a huge increase.

The Tribunal is in a position to grant a remedy to the injured party if it so finds in the injured parties favour.

  1. The Tribunal can order compensation.
  2. The Tribunal can order equal pay or equal treatment.
  3. The Tribunal can order that somebody take a specified action.

Good examples of the types of claims that regularly come before the Equality Tribunal are where a female worker contend that she is being paid less than her male counterpart notwithstanding the fact that they perform the same tasks or duties.

That someone is not considered for promotion as a result of their age.

In a very recent decision, it has been held that in respect of non-nationals contracts of employment, it may not only have to be explained in very careful and simple terms to the non-national but it may also have to be translated.

Conways Solicitors can advise in respect of all of these forms and indeed in the greater wider context of employment law. We can not only try and provide employers with the tools to deal with the increasingly complex area of employment law but we can also deal with employees who find themselves with a genuine grievance in respect of their statutory rights.

The First Step…
Contact our offices and make an appointment by either email reception@conways.ie of on 021 4901000 please consider in advance when would suit you to meet us!