This post is a reminder to myself to do a blog post at the weekend on the Department of Social Protection’s new guidelines on determining employment status. This is an important Code of Practice and one that is suitable for publication on my employment law website, EmploymentRightsIreland.com The Supreme Court decision in the Domino’s Pizza… Continue reading Determining employment status-updated Code of Practice
Tag: employment law
An area of significant risk for small employers
An area of serious risk for small employers is the whole area of human relations, disciplinary procedures, workplace investigations, and so forth. The larger employer has HR departments or a number of HR professionals on their payroll. They may even have in house legal counsel and/or external solicitors on retainer. But the small employer who… Continue reading An area of significant risk for small employers
When I have bad news to deliver
One of the most frustrating parts of giving consultations, especially in person consultations, is when the person who I am advising does not take the advice well. In fact, not only do they not take the advice with equanimity, but they lose the head completely and demonstrate a scary irrationality in their response. Often, we… Continue reading When I have bad news to deliver
The most difficult task for the small business owner
I have been self-employed since December 1986. That’s 38 years and counting. I have been involved in many industries, many start-ups, and have learned a lot along the way. Once you are halfway observant you are bound to pick up some stuff over the course of 38 years of all types of issues and problems.… Continue reading The most difficult task for the small business owner
But he’s telling lies, can we sue for defamation?
I meet employers and employees on a regular basis to advice on employment law. The context is usually the man/woman in front of me in the consultation has received a letter from the Workplace Relations Commission advising him/her of a complaint from a former employee. When they read through the complaint, they invariably tell me… Continue reading But he’s telling lies, can we sue for defamation?
Preparing for a WRC case-the biggest problem as a sole practitioner
As a sole practitioner one of the biggest problems I face when preparing for a WRC hearing is distraction. That is, the many distractions in the office including other files, letters, emails, property transactions, wills, personal injury claims which demand some or all of my attention. Being able to give an upcoming WRC hearing your… Continue reading Preparing for a WRC case-the biggest problem as a sole practitioner
All they have to do is wait
I am advising an employer in a dispute at the moment and all they have to do is wait. Run down the clock. They are in a strong position and the demands of the employee are unreasonable and unattainable and will not be the basis of a successful claim against the employer. The employer, being… Continue reading All they have to do is wait
3 employment disputes-fear and ignorance may determine the outcome
I am involved in three different employment disputes at the moment. I represent the employee in two of them and the employer in one. Two of the employees in these three disputes are wildly overvaluing the strength of their position. And the employer is showing signs of being freaked out by the demand of one… Continue reading 3 employment disputes-fear and ignorance may determine the outcome
Tempering client expectations in employment disputes
One of my responsibilities when representing an employee in an employment claim is the tempering of my client’s expectations. I must tell him/her that in any dispute, contest or litigation there is always a chance of winning and a chance of losing. Because there are always at least two sides to the story. And I… Continue reading Tempering client expectations in employment disputes
Legal costs at the Workplace Relations Commission and Labour Court
I read at the weekend that Ammi Burke’s legal costs bill in respect of her failed High Court action against Arthur Cox Solicitors and the WRC could be in the region of €250,000. I do not know how accurate this figure is but it struck me that it was entirely avoidable if Ms Burke was… Continue reading Legal costs at the Workplace Relations Commission and Labour Court