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Sean O Toghda Solicitors

Sean O Toghda Solicitors

Dublin, Ireland

Founded in 2016
10 people in their team
Sean is a graduate in Irish Law and International Law of University College Dublin (BCL), University College London (LLM) and University of Paris II...
Irish
English

About Employment Rights Law in Dublin, Ireland

Employment rights law in Dublin, Ireland, is a critical field that safeguards the rights of both employees and employers. It encompasses various aspects of the employment relationship, including wages, working conditions, working hours, discrimination, and termination of employment. The legislation ensures that employees are treated fairly and equitably, providing them with essential protections and avenues for redress if their rights are violated.

Why You May Need a Lawyer

There are numerous situations in which an individual may require legal assistance concerning employment rights in Dublin, Ireland. Some of the most common scenarios include:

  • Unfair dismissal or termination
  • Workplace discrimination or harassment
  • Disputes over pay or wages
  • Issues related to working hours or conditions
  • Non-compliance with employment contracts or agreements
  • Health and safety concerns in the workplace
  • Claims for redundancy payments
  • Disputes over holiday entitlements or leave
  • Whistleblowing and retaliation
  • Pension and retirement disputes

Local Laws Overview

Employment rights in Dublin are governed by a combination of Irish law and European Union regulations. The key aspects of local laws relevant to employment rights include:

  • Employment Equality Acts 1998-2015: These acts prohibit discrimination on various grounds, including gender, marital status, family status, age, disability, race, sexual orientation, religious belief, and membership in the Traveller community.
  • Unfair Dismissals Act 1977-2007: This act protects employees from being unfairly dismissed from their jobs and outlines the legitimate grounds for termination.
  • Organisation of Working Time Act 1997: This act regulates working hours, rest breaks, annual leave, and public holidays.
  • Safety, Health and Welfare at Work Act 2005: This legislation outlines employers' obligations to ensure the safety, health, and welfare of their employees while at work.
  • Payment of Wages Act 1991: This act ensures that employees receive their due wages without unauthorized deductions.
  • Minimum Wage Act 2000: Specifies the minimum hourly pay rate for employees.
  • Terms of Employment (Information) Act 1994-2014: Mandates that employers provide employees with written terms of their employment.

Frequently Asked Questions

What should I do if I believe I have been unfairly dismissed?

If you believe you have been unfairly dismissed, you should seek legal advice as soon as possible. You may need to file a claim with the Workplace Relations Commission (WRC) within six months of the dismissal, though this period can be extended in exceptional cases.

How can I prove workplace discrimination?

Proving workplace discrimination can be challenging. You will need to gather evidence, such as witness statements, emails, or other communications that demonstrate discriminatory behavior. Legal advice can be invaluable in building a strong case.

What are my rights regarding maternity leave?

In Ireland, employees are entitled to 26 weeks of maternity leave with the possibility of an additional 16 weeks of unpaid leave. Employers must keep your job open and ensure that you are not treated unfairly due to your pregnancy.

Can my employer change my contract terms without my consent?

No, your employer cannot unilaterally change the terms of your contract without your consent. Any variations must be mutually agreed upon and ideally documented in writing.

What is the minimum wage in Dublin, Ireland?

As of 2023, the national minimum wage in Ireland is €11.30 per hour for most workers aged 20 and over. Different rates apply for younger workers and apprentices.

What protections do whistleblowers have?

The Protected Disclosures Act 2014 provides protections for whistleblowers, ensuring they do not face retaliation for reporting wrongdoing. Whistleblowers are protected against dismissal, penalization, or any other adverse treatment due to their disclosure.

What steps should I take if I am being harassed at work?

If you are experiencing harassment at work, document the incidents and report them to your employer or HR department. If the issue is not resolved, seek legal advice to explore further options such as filing a claim with the WRC.

Can I claim redundancy payments?

Employees with at least two years of continuous service are generally entitled to statutory redundancy payments if they are made redundant. The payment amount depends on your length of service and weekly earnings.

Are part-time workers entitled to the same rights as full-time workers?

Part-time workers are entitled to the same employment rights as full-time workers on a pro-rata basis, including pay, leave entitlements, and protection against unfair dismissal.

How do I file a complaint with the Workplace Relations Commission (WRC)?

You can file a complaint with the WRC online via their website. Provide all the necessary details about your employment dispute to initiate the process. Legal advice can help ensure that your complaint is thorough and well-founded.

Additional Resources

Here are some valuable resources and organizations that can help individuals seeking legal advice regarding employment rights in Dublin, Ireland:

  • Workplace Relations Commission (WRC)
  • Citizens Information
  • Irish Congress of Trade Unions (ICTU)
  • Equality Authority
  • Health and Safety Authority (HSA)
  • Legal Aid Board

Next Steps

If you need legal assistance in employment rights, consider taking the following steps:

  1. Seek initial advice from a legal expert to understand your rights and options.
  2. Gather all relevant documentation and evidence pertaining to your case.
  3. File a complaint with the appropriate authority, such as the Workplace Relations Commission (WRC) if necessary.
  4. Explore mediation or settlement options if offered.
  5. Proceed with legal action if your case cannot be resolved through other means.

Remember, timely action is crucial in employment disputes. Don’t hesitate to seek professional advice to protect your rights and secure a fair resolution.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.