Tag: employment law

A worrying ignorance of employment law

Some of the comments underneath my video on YouTube, Facebook, and Tik Tok about the jailing of Enoch Burke for breach of a court order demonstrate a worrying lack of understanding about employment law in Ireland. Judging from the views expressed I can see significant difficulties managing certain employees given their understanding of the law… Continue reading A worrying ignorance of employment law

The “hate speech”  Facebook post and the employer’s common mistake

I published a video yesterday about the WRC case in which an employee was awarded €10,500, part of which was for unfair dismissal. The circumstances giving rise to her dismissal surrounded a Facebook post she had allegedly made which her employer viewed as “hate speech”. It concerned refugees coming to Ireland and was, shall we… Continue reading The “hate speech”  Facebook post and the employer’s common mistake

Employers repeatedly making the same mistakes

It is incredible the extent to which you will see employers making the same mistakes repeatedly when dismissing an employee. I read about a case last week involving a dental clinic in Carlow which resulted in the employee being dismissed and being awarded €8,500, or thereabouts, for unfair dismissal. The employee was accused of “hate… Continue reading Employers repeatedly making the same mistakes

The curse of knowledge-a reminder from the Enoch Burke controversy

It’s an easy mistake to make. That is, assuming everyone else is aware of and knows something that you do. That everyone has a similar grasp of how something works, for example the legal system. It is only when a legal issue or controversy enters into the public domain and attracts a larger than usual… Continue reading The curse of knowledge-a reminder from the Enoch Burke controversy

Letting emotions influence legal disputes-avoid this mistake

When emotions detrimentally influence legal disputes and rows it is usually the employee who is too invested in the dispute to make cool, rational, sensible decisions concerning their issue or problem. Usually.  Occasionally, however, you come across an employer who is too emotionally invested to do the right thing. He or she will be an… Continue reading Letting emotions influence legal disputes-avoid this mistake

Misconceived decisions to bring employment claims

I am often asked to bring employment cases on behalf of individuals which appear misconceived and will not provide a positive return for the wronged employee. Even if the employee wins the case the cost of bringing it, unless the employee represents himself, will exceed the potential compensation that can be awarded. For example, an… Continue reading Misconceived decisions to bring employment claims

Instructing a solicitor? Give him/her the full and complete story

If you are going to engage the services of a solicitor in a legal dispute-for example an employment matter which will be dealt with by the Workplace Relations Commission (WRC)-make sure you give your solicitor all the facts. Good and bad. Full and complete instructions. Before the hearing. Preferably long before the hearing. The time… Continue reading Instructing a solicitor? Give him/her the full and complete story

Approaching an employment law claim from the wrong place and direction 

I’m often contacted by employees who nurse an enormous sense of grievance towards their employer. The grievance and implacable determination to visit some type of hurt or damage on the employer may arise from a single incident, for example a disciplinary procedure or a disappointment concerning a new position or a pay rise. Or it… Continue reading Approaching an employment law claim from the wrong place and direction 

Employers needlessly losing unfair dismissal case

One of the recurrent themes in successful unfair dismissal claims by employees is the matter of fair procedures and process. A large number of cases are lost by employers not on account of a want of justification for the dismissal. But as a consequence of failing to apply proper, or any, procedures in the process… Continue reading Employers needlessly losing unfair dismissal case