Search
Employment Law for Individuals Solicitors
The relationship between an employee and their employer is one of the most significant legal contracts an individual will enter into during their lifetime. Employment law exists to balance the inherent power disparity in this relationship, ensuring that workers are treated with dignity, fairness, and in accordance with statutory protections. Cullen O’Beirne, we provide expert legal counsel to individuals facing challenges in the workplace, from the initial signing of a contract to the resolution of complex disputes involving dismissal or harassment.
What is Employment Law?
Employment law is a multifaceted body of legal rules that governs the rights and duties between employers and workers. This field is a combination of Common Law (judge-made law), the Constitution of Ireland, and a vast array of Acts of the Oireachtas, such as the Unfair Dismissals Acts and the Employment Equality Acts. Furthermore, as a member of the European Union, Irish employment law is heavily influenced by EU Directives, which have established high standards for health and safety, working time, and anti-discrimination measures.
Essentially, employment law provides a framework for how a job is advertised, how the contract is performed, and the legal requirements that must be met if the employment is to be terminated. It ensures that employees are not subjected to arbitrary treatment and have access to legal remedies through the Workplace Relations Commission (WRC) or the civil courts.
Services We Offer
Contract of Employment
Contract of Employment
Every employee is entitled to a written statement of the core terms of their employment within five days of starting work, and a full written contract within one month. We review contracts to ensure your rights regarding notice periods, restrictive covenants (non-compete clauses), and remuneration are protected and clearly defined.
Settlement Agreements
Settlement Agreements
A settlement agreement (formerly known as a compromise agreement) is a legally binding contract where an employee agrees to waive their right to bring legal claims against an employer, usually in exchange for a financial sum. We provide the mandatory independent legal advice required to make these agreements valid, ensuring the severance package offered is fair and comprehensive.
Redundancy & Dismissal
Redundancy & Dismissal
Redundancy occurs when a position no longer exists due to economic or structural changes. However, for a redundancy to be legal, it must be "genuine" and follow a fair selection process. We advise individuals on whether their redundancy is a "sham" designed to hide an unfair dismissal and assist in challenging unfair selection criteria.
Unfair Dismissal
Unfair Dismissal
Under the Unfair Dismissals Acts 1977–2015, a dismissal is often presumed to be unfair unless the employer can prove there were substantial grounds to justify it (such as conduct or competence) and that fair procedures were followed. We represent individuals in seeking reinstatement, re-engagement, or financial compensation for lost earnings.
Workplace Harassment and Bullying
Workplace Harassment and Bullying
Employees have a right to a safe working environment free from harassment and "mobbing." Harassment is defined as unwanted conduct related to any of the nine discriminatory grounds (e.g., gender, age, race, disability) that violates a person's dignity. We assist clients in navigating internal grievance procedures and, where necessary, pursuing claims for damages for personal injury or breach of contract.
What to Do if You Have Been Unfairly Dismissed
If you believe you have been unfairly dismissed, it is vital to act quickly, as strict statutory timelines apply.
Request Reasons in Writing
Request Reasons in Writing
Under Section 14 of the Unfair Dismissals Act, you have the right to request a written statement from your employer outlining the reasons for your dismissal.
Gather Documentation
Gather Documentation
Keep copies of your contract, payslips, emails, and any formal warnings or correspondence related to your performance or conduct.
Observe the Time Limit
Observe the Time Limit
A claim for unfair dismissal must generally be lodged with the Workplace Relations Commission (WRC) within six months of the date of dismissal.
Seek Legal Advice
Seek Legal Advice
Before attending any disciplinary appeal or signing any waiver, consult with a solicitor at Cullen O’Beirne to evaluate the strength of your case.
Why Engage with an Employment Law Solicitor in Cullen O’Beirne?
The complexity of employment legislation means that self-representation can be risky. An experienced solicitor provides:
- Objective Assessment
Determining if your case meets the legal threshold for “unfairness” or “discrimination.”
- Procedural Knowledge
Ensuring all forms are filed correctly with the WRC and that you do not miss critical deadlines.
- Negotiation Leverage
Employers are often more willing to reach a favourable settlement when they know the employee has professional legal backing.
- Calculation of Loss
Accurately quantifying your financial loss, including pension rights and benefits, to ensure you receive maximum compensation.
How Cullen O'Beirne Can Help
With nearly 40 years of experience in Employment law, Cullen O’Beirne offers a steady hand during what is often a stressful and uncertain time. We provide a confidential environment to discuss your workplace grievances and offer clear, jargon-free advice on the best path forward.
Whether through mediation and negotiation or robust representation before the Workplace Relations Commission and the Labour Court, our goal is to restore your professional standing and secure the compensation you deserve.
When seeking a trusted legal partner to navigate the complexities of Employment Law, Cullen O’Beirne provides the expert advocacy and compassionate support you deserve.
We offer legal excellence and guidance for Employment Law to all of Wicklow including;
Greystones, Delgany, Bray, Enniskerry, Kilcoole, Newcastle, Newtownmountkennedy, Roundwood, Aughrim, Avoca, Arklow, Wicklow Town, Redcross, Tinahely, Ashford, Kilmacanogue, Ballinaclash, Carnew, Donard, Laragh, Glendalough, Blessington, Hollywood, Barndarrig, Ballinacor.
For an Employment Law Solicitors near you, contact your local solicitor Cullen O’Beirne today.
Ph: 01 888 0855