Are you an employer worried about employment related claims by employees? Are you an employee whose rights are being infringed or ignored? Employment law can be confusing for both employers and employees alike. There is a huge amount of rules, regulations, laws, directives, case law concerning employment law in Ireland.Even with the best will in the world, it is easy to do the wrong thing. To make a mistake. "Employment Law in Ireland-A Plain English Guide for Employers and Employees" can help because it can save you time and money. And it can reduce the doubts in your mind about your situation.> For Employers and Employees If you are an employer it can save you the expense of defending and perhaps losing a costly claim by an employee. If you are an employee it can help you obtain your employment rights and eliminate the stress of not knowing where you stand. Because it explains what your obligations are as an employer, and what your rights are as an employee. Wide Range of Topics CoveredTopics such as unfair dismissal, redundancy, the employment contract, health and safety, what policies and procedures should be in place in the workplace, equality and discrimination, holiday entitlements, part time and fixed term workers' rights, rest periods and breaks, data protection, TUPE (transfer of undertakings) regulations, temporary agency workers, young persons in work, performance improvement plans disciplinary procedure-step by step NERA and how they operate, intoxicants in the workplace, maternity leave, other leave entitlements, payment of wages, and more are explained in easy to understand language. Employers are understandably worried about costly claims for unfair dismissal, wrongful dismissal, discrimination, unfair selection for redundancy.This book helps avoid such claims by explaining the correct steps to take to prevent claims and what the employers' obligations are. Many employees too are unsure about their employment rights and are badly treated in the workplace. They have experienced the sick feeling in the pit of their stomach going into work everyday and not knowing whether there is anything that they can do about their treatment. This book aims to give peace of mind and reduce stress for both employers and employees. It also explains the essential terms that should be included in the employment contract and why 80% of cases for unfair dismissal are lost. And it is written by a practicing solicitor who has been an employer in Ireland since 1986. Written in Understandable Language If you are looking for a text book on employment law in Ireland, this is not for you. This is not an academic work. If you are looking for a straightforward reference guide to refer to on a daily basis in the workplace, this book should suit you just fine. Other Topics Other topics covered include the forums for redress of your employment rights, working time, internships in the workplace and what can go wrong, fixed term contracts, contracts of indefinite duration, employment permits, staff handbooks, the most important policies and procedures to have, without prejudice negotiations, temporary agency workers, etc. If this book helps you as employer avoid one claim or if it helps you uphold just one of your employment rights it will have proven to be one of the best investments you have made this year. Written by a Solicitor Terry Gorry is a solicitor, small business owner and has been an employer in Ireland since 1986. He helps other small business owners and their employees.
Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in Ireland. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Ireland on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers’ compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
Employment Law is designed as the core text for trainee solicitors studying employment law on the Professional Practice Course. It provides an overview of current Irish employment law, introducing common law principles, Irish case law and European and Irish legislation. This new edition deals with key topical employment issues and expands on the existing topics, with an emphasis on the recent developments in Irish case law and legislation. Issues areexplained in a clear way with reference to the applicable codes and case law, making it a comprehensive introduction to the subject and an excellent resource for students, practitioners and those interested in employment law.
This edition of the bestselling comprehensive textbook on Irish labour law has been fully updated and revised to reflect all the major legislative and case law changes in labour law in Ireland. New developments include: reforms of the State's industrial relations structures under the Workplace Relations Act 2015; Protected Disclosures Act 2014 on workplace whistleblowing; landmark CJEU case (Achbita) on employees wearing visible political or religious symbols while at work; the Uber case and the definition of 'employee'; developments in the law on employment permits; mandatory retirement ages; recent Supreme Court, Court of Appeal, and High Court decisions; and more. Essentials of Irish Labour Law, Third Edition provides an historical context to labour law with particular reference to the Constitution, EU law, common law, international conventions, the labour market, and unions. This book examines the various legal structures and regulatory frameworks-domestic and European-that underpin determinations and decisions made in relation to labour law. It presents and evaluates the nature of employment contracts, conditions of employment, and termination of employment with details of legislation and relevant recent case law. Issues such as safety, health and welfare at work, equality legislation and terms and conditions of employment legislation are detailed throughout the text. [Subject: Irish Law, Labor Law]
Redmond on Dismissal Law, 3rd edition (previous edition titled: Dismissal Law in Ireland) explains the workings of dismissal law (wrongful and unfair) and details the introduction of the new Workplace Relations Commission. The planned Irish Government's Workplace Relations Reform Programme delivers a two-tier Workplace Relations structure by merging the activities of the National Employment Rights Authority, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Labour Court and the Employment Appeals Tribunal into a new Body of First Instance, the Workplace Relations Commission (WRC). The WRC provides a single portal of entry for all employment and equality related information requests, and employment and equality rights complaints and referrals. It also plays a key role in encouraging employers and employees to resolve issues at workplace level thereby reducing the number of cases going forward for inspection or adjudication. The book is useful to both practitioners and students in detailing how the law works and how the new system works. The book covers all relevant legislation, including the many amendments to the Unfair Dismissals Act 1977, and it provides expert guidance for employers and employees on their respective rights and legal obligations regarding termination of employment under the common law as well as unfair dismissals legislation. Includes coverage of the Industrial Relations (Amendment) Act 2012 and Workplace Relations Bill 2012. Content includes: Part A: Historical Development; Part B: Wrongful Dismissal: Wrongful Dismissal; Identifying the Nature of Employment; Termination with or without Notice; Limitations in the Contract; Effect of Breach on Concept of Termination; Constitutional Justice; The Constitution and Dismissal; Judicial Review; Specific Performance, Injunctions and Declarations; Damages and Ordinary Employees; Part C: Unfair Dismissal: Statutory Unfair Dismissal; Reasonableness and the Employer's Role; Involvement in Proceedings: Age; Pregnancy and Maternity; Capability, Competence or Qualifications; Conduct; Redundancy; Other Substantial Grounds; Constructive Dismissal; Collective Aspects of Unfair Dismissal; Fact and Date of Dismissal; Express Qualifications and Exclusions; Remedies for Unfair Dismissal; Procedural Aspects of Unfair Dismissal.
For legal practitioners, human resource managers, trade unionists, and all who practice Irish employment law, this book has been a key source of information since it was first published. Since the first edition, there have been significant developments in the jurisprudence of the Irish High Court and the Supreme Court â?? for instance, in relation to injunctions and to the implied obligation of mutual trust and confidence. These decisions as well as determinations of the Employment Appeals Tribunal are examined, with the author extracting guiding principles. The book covers all relevant legislation, including the many amendments of the Unfair Dismissals Act 1977, and it provides expert guidance for employers and employees on their respective rights and legal obligations regarding termination of employment under the common law as well as unfair dismissals legislation.
Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book-one of a series derived from Kluwer’s matchless publication International Labour and Employment Compliance Handbook-focuses on the relevant laws and regulations in Ireland. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Ireland on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers’ compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do’s and don’ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book’s day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
Law in Northern Ireland is the essential textbook for all students of Northern Ireland's legal system. Changes to this new edition – some of them substantial – have been made to every section, taking full account of five years of developments. The book explores the evolution of law-making in Northern Ireland before going on to explain the relevant constitutional arrangements, how to identify and interpret applicable sources of law, and what are the fundamental rules and principles of public law, criminal law and private law, highlighting where appropriate what may be unusual about them. It contextualises the myriad of legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice and provides useful information on how people become lawyers, what lawyers actually do once they become qualified and how the legal system is funded. The appendices set out some sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. The language throughout is accessible and there are Tables of Cases and Legislation, as well as a comprehensive index.
Matters of employment regulation are crucial to the survival not only of an economy, but society. This major new text covers the broad sweep of employment law including key decisions of Irish adjudicating bodies such as the Labour Court, the Employment Appeals Tribunal and the Equality Tribunal as well as the High and Supreme Courts of Ireland and the Court of Justice of the European Communities. In a clear and engaging manner, Meenan describes employment law in the Republic of Ireland, covering all statutory aspects of the employer/employee relationship. New to this Edition: *Consideration of developments in the definition of 'a worker' which is critical in the context of EU law, across all directives including transfer of undertakings and equality. *Contracts of "indefinite duration".. *Statutes arising from Ireland's unprecedented financial crisis. *Current and future legislation on Protected Disclosure. *The Industrial Relations (Amendment) Act 2012 *The proposed Workplace Relations Bill. *Pre-employment matters such as vetting. *Human rights issues in respect of collective bargaining. *Protection of employees in the event of employer insolvency including pensions. *"Springboard" injunctions. About the Author: Frances Meenan is a practising Barrister whose main area of practice includes all matters in relation to employment and industrial relations
This new edition of Employment Law and Human Rights brings practitioners up to date with the continuing practical impact of the Human Rights Act 1998 in the employment field. Human rights issues have become increasingly prevalent in employment cases, and significant new equality legislation has been introduced. A thorough understanding of the area is now vital for the serious employment lawyer. The text considers in detail all aspects of the European Convention of Human Rights in an employment context, with a particular focus on areas which have developed most rapidly in recent years. It looks at the complex regulatory framework surrounding privacy at work, data protection and internet access, and the various new surveillance regulations, and considers these in the light of the UK's Convention obligations. It also considers in depth the overlap between the implications of the Human Rights Act and the new equality laws relating to religion and belief, sexual orientation, and age, in addition to issues arising from existing discrimination legislation. The book marries expert commentary on the background legal themes with comprehensive practical guidance on current law and procedure, including the controversial topic of public funding. Throughout the book ECHR jurisprudence is considered and cross referred to domestic case law, and each chapter contains a "Frequently Asked Questions" section to assist the busy practitioner. Written in a clear and accessible style, and designed for ease of reference, the book is essential for lawyers, specializing in employment law, employment law advisers, Employment Tribunal chairmen, and human resources officers.
Employment Law is designed to give the trainee solicitor a thorough understanding of the principles of Irish employment law. It introduces common law principles, Irish case law and the European and Irish legislation, which impact on Irish employment law. Issues are explained in a clear way with reference to the applicable codes and case law, making it an excellent starting point on the subject.