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
I was recently involved in an employment case which we brought to the Workplace Relations Commission on behalf of a client. It was a claim for unfair dismissal, and it was clear that the case would be determined by one fact: did the employer terminate the employment or did the employee resign? It was equally… Continue reading Identifying the net issue
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
It happens quite often when you are representing an employee at a WRC hearing that the employer, who is your opponent, is represented by one of the leading law firms in the State. Call them ‘top 5’ or ‘top 10’ or give them a less complimentary designation such as ‘big swinging dick firms’, it is… Continue reading Holding your nerve when the mammoth submission lands
I am off to my first physical WRC hearing in something like three years today. Since Covid 19 struck the island of Ireland all the WRC hearings have been virtual and online. Leaving the office for a half or full day is a bit of a pain, to be honest. The hearing is in Carlow… Continue reading First physical WRC hearing since Covid 19 struck
When making a submission to a tribunal-for example the Workplace Relations Commission-or court keep the following in mind: Your opening paragraph should be a summary of your position, and you should know it by heart. Rehearse it. Then give a structure for the detail you are going to provide. This is like a map for… Continue reading Making a submission to a tribunal or court
It looked like a straightforward unfair dismissal case. But today is the 3rd day of the WRC hearing. When you quote a person for your services for a WRC claim you do your best to give a competitive quotation. Some work out, some don’t. When a case goes on for three days, and you commit… Continue reading Day 3 of the WRC hearing-is this the best system for employment claims?
If you are representing yourself at an employment law hearing-for example at the WRC or Labour Court-you need to be aware of the value of reading some signals. For example, if the WRC adjudicator or Chairman of the Labour Court division give you the impression that things are not going great for you, and if… Continue reading Reading the Signals at an Employment Law Hearing