Settlement or Compromise Agreements – What should they contain?
Wendy Doyle Solicitors
by wdsolicitor
2M ago
A settlement agreement, compromise agreement or “exit agreement” are common names for agreements which, in the context of employment law, are legally binding contracts between an employer and an employee, usually entered into when the employment relationship is terminated or about to be terminated. Key elements of a settlement agreement typically include: Termination of Employment: The agreement will specify the terms and conditions of the termination, including the date of termination and include references to payment of salary and benefits being made in the normal manner up to the Terminat ..read more
Visit website
Constructive Dismissal – An employee must raise concerns before resigning
Wendy Doyle Solicitors
by wdsolicitor
2M ago
The recent case of An Account Manager v a Service Provider ADJ-49297 dated 8th November 2023 must serve as a timely reminder for employees who resign without raising concerns or grievances to their employer and subsequently claim constructive dismissal under the Unfair Dismissal Acts 1977 (as amended). In this case the Adjudicator noted “I am not satisfied that the Complainant had no alternative other than to tender her resignation when she did so on the 14th of June 2022. In situations such as these, there is some obligation on the unhappy Employee to make the source of that unhappiness known ..read more
Visit website
Sick Leave Act 2022 – What are employees entitled to?
Wendy Doyle Solicitors
by wdsolicitor
2M ago
Both employers and employees should be aware that from From 1 January 2023, the entitlement is 3 days paid sick leave and this will increase to 5 days from 1 January 2024. It is proposed that the entitlement will increase to 7 days for 2025 and to 10 days for 2026. Employees are entitled to a rate of 70% of their usual daily earnings up to a maximum of €110 a day for certified leave only. Employees must have completed 13 weeks’ continuous service with the employer before availing of statutory sick leave.  The employee must provide their employer with a medical certificate from a ..read more
Visit website
Workplace Relations Commission – Employment Law Rights
Wendy Doyle Solicitors
by Wendy Doyle
6M ago
What are my employment Law rights? What can I be awarded if there is a breach of those rights? Did you know that the Workplace Relations Commission recently published a very useful guide explaining what your entitlements are under various pieces of employment law legislation and what awards can be made for breaches of that legislation? For example, if your employer did not provide you with a statement of your terms and conditions or a contract of employment upon commencement of employment, you could be entitled to 4 week’s remuneration. If you have been unfairly dismissed, you could be entitle ..read more
Visit website
Protected Disclosures (Amendment) Act 2022 – “Whistleblowing”
Wendy Doyle Solicitors
by Wendy Doyle
6M ago
The Protected Disclosures (Amendment) Act 2022 came into operation on 1 January 2023. The Workplace Relations Commission have published a very useful guide for employers (and employees) alike setting out what they should know in respect of changes under the new Act. All organisations with 250 or more employees must establish internal channels and procedures for their workers to report wrongdoing. From 17 December 2023, this requirement applies to all organisations with 50 or more employees. A copy of the link is set out below. If you have any queries please do not hesitate to contact the offic ..read more
Visit website
Bullying at Work
Wendy Doyle Solicitors
by Wendy Doyle
6M ago
A very interesting piece in the Irish Times today (link below) on the very difficult topic of bullying and how it can be prevalent in work, schools and every day life due to the emergence and growing popularity of social media. It is no longer the case that once you leave work or school, that “bullying” disappears. Cyberbullying is now a big issue in Irish society, We are often asked for advice when an employee feels they are being bullied at work. There are numerous free resources which highlight and explain what is meant by bullying at work and most importantly what is also not considered to ..read more
Visit website
Company Directors – Be Careful in accepting the role!
Wendy Doyle Solicitors
by Wendy Doyle
6M ago
We often get asked to advise employees or general members of the public in respect of their role as director in a company. Time and time again, members of the public accept these roles without fully understanding the role and responsibilities of a company director and what can happen if a company becomes insolvent or ceases trading for example. The Corporate Enforcement Authority have published a very useful note which is aimed at members of the public who may be approached to become directors of a company and who may not be familar with the resulting obligations. A copy of the link to the gui ..read more
Visit website
Collective Redundancies and Insolvency
Wendy Doyle Solicitors
by Wendy Doyle
6M ago
Ministers Dara Calleary and Neale Richmond have welcomed government approval for the priority drafting of legislation to enhance the protection of employees in collective redundancies following insolvency by providing for a number of steps including: 1. The establishment of a new statutory Employment Law Review Group which will advise the Minister on all aspects of employment and redundancy law. 2. Make provision to strengthen the already robust legislative protections and safeguards afforded to the employees involved. 3. Delivering on remaining important Programme for Government committments ..read more
Visit website
Harassment – €5,000 Award for Inappropriate Questions about a worker’s sexual orientation
Wendy Doyle Solicitors
by Wendy Doyle
6M ago
In the case of A Creche Worker v A Creche, ADJ-00032972) the employee (Complainant) outlined that she was gay and that she was outed unwillingly  by a work colleague’s inappropriate questioning around her sexual orientation.   She further submitted that she was harassed and that proper steps were not taken by her employer (the respondent) to deal with it. The Complainant further claimed that she was victimised for making the complaint to management when she was subsequently moved to a different room in the workplace, and her hours were reduced. Her employer denied each of the cl ..read more
Visit website
Constructive Dismissal – Legal Tests to Win a Claim
Wendy Doyle Solicitors
by Wendy Doyle
6M ago
A recent decision of the Workplace Relations Commission in April 2023 (Greg Clarke v Rentokil Initial Limited ADJ00036509) sets out a useful summary of the law in respect of constructive dismissal. What is Constructive Dismissal? Section 1 (b) of the Unfair Dismissals Act defines ‘dismissal’ for the purposes of the Act in circumstances where: (b)the termination by the employee of his contract of employment with his employer, whether prior notice of the termination was or was not given to the employer, in circumstances in which, because of the conduct of the employer, the employee was or w ..read more
Visit website

Follow Wendy Doyle Solicitors on FeedSpot

Continue with Google
Continue with Apple
OR