Employment Law
Employment law solicitors in Dublin 2, acting for employers, senior executives and professionals in workplace disputes, from the first grievance to the Workplace Relations Commission, the Labour Court and the High Court.
What we do
The firm's employment practice grows out of its litigation practice, and it is weighted towards the disputes that carry real money or real consequences. For employers we advise on contracts, handbooks and restrictive covenants, on investigations, disciplinary and grievance processes, on dismissal for conduct, capability and redundancy, on the transfer of undertakings when a business is bought or sold, and on the defence of claims before the Workplace Relations Commission and the Labour Court under the Unfair Dismissals Acts, the Employment Equality Acts, the Protected Disclosures Act, the Organisation of Working Time Act and the payment of wages legislation. Our clients include companies in hospitality, construction, retail, professional services and financial services, and we work with their HR advisers rather than in place of them.
Senior executives and professionals
We also act for the individual, and in particular for directors, senior executives and professionals whose position is more complicated than a standard employment. That work includes negotiated exits and the compromise agreements that record them, disputes over bonuses, commission, share options and deferred remuneration, constructive dismissal where a role has been hollowed out, the enforcement or resistance of non compete, non solicitation and confidentiality covenants, garden leave, and references. Because the firm acts for employers as well, we know what the other side is likely to accept and where it will not move.
Injunctions and the High Court
Some employment disputes cannot wait for an adjudication hearing. An employee who is about to be dismissed without fair procedures, an employer whose former manager is about to take its customers or its confidential information to a competitor, or a company whose funds have been diverted by a trusted employee needs the High Court, and needs it within days. Adam McCarthy leads the firm's injunction work, which includes applications to restrain a dismissal pending the completion of a fair process, to enforce restrictive covenants and protect confidential information, and to freeze assets where money has gone missing. Those applications are won or lost on the speed and quality of the first affidavit, and the firm is organised to produce it.
The Workplace Relations Commission and the Labour Court
Most statutory employment claims begin with a complaint to the Workplace Relations Commission, which must be lodged within six months of the event complained of, extendable to twelve months for reasonable cause. The Commission offers mediation, and if that fails or is refused the complaint is heard by an adjudication officer, in public and with evidence on oath since the Workplace Relations (Miscellaneous Provisions) Act 2021 gave effect to the Supreme Court's decision in Zalewski. Either party may appeal to the Labour Court within 42 days, and from there to the High Court on a point of law. Compensation for unfair dismissal is capped at two years' remuneration, and awards under the equality legislation at two years' pay, so the stakes in a single hearing can be substantial for both sides. We prepare the written submissions, the witness evidence and the documents, and we appear at the hearing ourselves or with counsel.
Investigations, dismissals and redundancy
A great many claims are lost by employers before the complaint is ever lodged, in a disciplinary process that was rushed, an investigation that was conducted by the wrong person, or a redundancy that was not a redundancy at all. We advise employers on the design and conduct of investigations and disciplinary hearings so that a dismissal, if it comes to that, withstands scrutiny, and we advise employees who are going through those processes on their rights, including the right to be accompanied and to see the evidence against them. On redundancy we advise on selection, consultation, collective redundancy obligations and the statutory and enhanced payments, and on a sale of a business we advise both buyers and sellers on the transfer of employees and their terms.
Costs
Before any work begins we provide a written notice of costs under section 150 of the Legal Services Regulation Act 2015. The Workplace Relations Commission and the Labour Court do not generally award costs, so each side bears its own, and we discuss at the outset how the cost of a claim or its defence compares with what is at stake. Employment claims are contentious business, and a solicitor may not charge fees calculated as a percentage or proportion of any award or settlement.
Common questions
How long do I have to bring a claim to the Workplace Relations Commission?
Six months from the date of the dismissal or the contravention complained of, which the adjudication officer may extend to twelve months where there is reasonable cause for the delay. Civil claims for breach of contract or for an injunction are brought in the courts and have their own time limits.
Can my employer stop me working for a competitor?
Only to the extent that a restrictive covenant in your contract is reasonable in its duration, its geography and the interest it protects. The courts enforce covenants that protect confidential information and customer connections and strike down those that merely prevent competition, and the answer in any case depends on the wording and your role.
What is a compromise agreement?
A written agreement under which an employee leaves on agreed terms, usually a payment, and waives claims against the employer. It is only effective to waive statutory claims if the employee has had independent legal advice, which is why employers pay for the employee to be advised on it.
Are WRC hearings held in public?
Yes, since 2021, and decisions are published with the names of the parties, although an adjudication officer may hear a case in private where special circumstances exist. The Labour Court also sits in public.
Can I get an injunction to stop my dismissal?
In some cases. The High Court will restrain a dismissal where there is a strong case that the employer has breached the contract or denied fair procedures and where damages would not be an adequate remedy, and the application has to be made quickly, before the dismissal takes effect.