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
Tag: employment law in ireland
Managing employers
You would imagine that in any dispute or battle between employer and employee the employer has the greater clout and arms at his/her disposal. But this is not the case. Some small employers are, quite frankly, clueless. And need managing and steering and guidance. Bigger employers enjoy the benefits of a full time HR person… Continue reading Managing employers
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
Self-representing employees and imminent WRC hearings
I am frequently contacted by employees who have submitted a Workplace Relations Commission claim and the hearing is imminent. They are looking for representation and/or advice. It’s too late from my perspective, and I cannot help them. Getting ready for a WRC hearing is a time consuming and demanding task. It involves the preparation of… Continue reading Self-representing employees and imminent WRC hearings
I made a surprising discovery on Ebay yesterday
I discovered yesterday, by accident, that there are guys on Ebay selling my book “Employment Law in Ireland” for €45. But the new price of the paperback on Amazon.co.uk is only £25. This converts to around €29. A few questions arise: When I thought about this further, I was kind of thrilled. For it indicates… Continue reading I made a surprising discovery on Ebay yesterday
“Nuisance” employment claims
I meet employers on a regular basis who are faced with what they believe are frivolous, unfounded, “nuisance” employment claims at the Workplace Relations Commission. Merely because an employer believes a claim has no merit does not mean that that’s the case. However, in my experience a small number of claims are not well founded… Continue reading “Nuisance” employment claims
WRC mediations
I am attending a WRC mediation meeting today at Lansdowne House, Ballsbridge, Dublin 4. My experience of mediations in the past is that only a small number are successful. So much so that you would question the value of such attempts to settle given that I will be gone from the office for most of… Continue reading WRC mediations
Insolvent employers and redundancy payments
I have three cases, at the moment, of my employee clients being entitled to a redundancy payment, as found by the Workplace Relations Commission, but where the employer is insolvent or unable to pay. We will have to pursue these payments through the fund which is administered by the Department of Jobs, Enterprise, Trade and… Continue reading Insolvent employers and redundancy payments