Best Hiring & Firing Lawyers in Malahide

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Black & Kennedy Solicitors LLP
Malahide, Ireland

English
Black & Kennedy Solicitors LLP is a Malahide-based law firm formed from the merger of two long-established practices, M.P. Black & Co and Martin A. Kennedy & Co, bringing together generations of experience and a commitment to delivering high-quality legal services. The firm emphasises integrity,...
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1. About Hiring & Firing Law in Malahide, Ireland

Malahahide is a coastal town in County Dublin, and employment law applies the same across Ireland. National statutes regulate how employers hire, manage, and terminate employees, with enforcement and guidance provided by state bodies and tribunals. Employment rights cover unfair dismissals, discrimination, redundancy, wages, and minimum terms of employment. In practice, employees in Malahide rely on statute, contracts, and codes of practice to protect those rights.

Key processes include fair recruitment practices, proper notice for termination or redundancy, and procedures that protect whistleblowers and employees with protected characteristics. When disputes arise, employees and employers can seek resolution through mediation, the Workplace Relations Commission, or the courts. Local awareness in Malahide benefits from online resources and local employment law firms familiar with Dublin County practices.

Authorities to consult include the Workplace Relations Commission (WRC), the Irish Human Rights and Equality Commission (IHREC), and the Department of Enterprise, Trade and Employment (DETE). These bodies provide information, guidelines, and formal avenues to challenge or defend hiring and firing decisions. For authoritative texts, see the Employment Rights Act 1996, the Unfair Dismissals Act 1977, and the Employment Equality Acts 1998-2015.

“The Workplace Relations Commission handles most employment rights disputes in Ireland and provides guidance on dismissal, redundancy and equality rights.”

Workplace Relations Commission | Department of Enterprise, Trade and Employment | Irish Human Rights and Equality Commission

2. Why You May Need a Lawyer

Hiring a solicitor or legal counsel can help you navigate complex rights and obligations in Malahide. The following real-world scenarios illustrate where expert advice is essential.

  • Redundancy with potential unfair elements: A Malahide hotel terminates staff due to a seasonal downturn. A lawyer helps ensure fair selection criteria, proper consultation, and redundancy pay entitlements.
  • Constructive dismissal claims: An employee experiences repeated abrupt schedule changes and bullying that make work intolerable. Legal counsel helps determine if resignation qualifies as constructive dismissal and how to pursue a claim.
  • Pregnancy or family status based dismissal: An employee in Malahide believes a dismissal was linked to pregnancy or parental leave. A lawyer reviews evidence and can pursue remedies under the Employment Equality Acts.
  • Unpaid wages or holiday pay disputes: A former employee challenges overtime, accrued holiday pay or final wages not paid on termination. A solicitor can file a WRC complaint and negotiate back pay.
  • Settlement agreements and severance terms: You receive a written settlement offer. A lawyer reviews the terms for confidentiality, references, and post-employment restrictions to protect long-term rights.
  • Discrimination and harassment claims: A Malahide employer may face a claim of harassment or discriminatory practices. Legal counsel helps with evidentiary gathering and formal remedies with IHREC or WRC.

3. Local Laws Overview

Ireland’s framework for hiring and firing sits primarily in national statutes; Malahide residents benefit from uniform protections across the country. Here are two to three central laws that govern hiring and firing, with context on their operation and updates.

  • Employment Rights Act 1996: Establishes fundamental rights in employment relationships, including terms of employment, unauthorised deductions, and procedures around dismissal. Irish Statute Book
  • Unfair Dismissals Act 1977: Sets out standards for what constitutes unfair dismissal and provides remedies for employees. It has been amended over time to reflect evolving workplace practices. Irish Statute Book
  • Employment Equality Acts 1998-2015: Prohibits discrimination in employment on protected grounds such as gender, age, disability, race, religion, and family status. These Acts are administered and interpreted with ongoing updates. Irish Statute Book
  • Organisation of Working Time Act 1997 (additional context): Regulates working hours, rest breaks, and holiday entitlements, impacting how terminations and hours are managed. Irish Statute Book
  • National Minimum Wage Act 2000 and updates: Sets minimum pay for workers; current rates are published by the Department of Enterprise, Trade and Employment and enforced by the WRC. Check the latest rate on gov.ie.

Note: National employment rules are continuously refined by policy changes and court decisions. For the exact current texts and any recent amendments, consult the Irish Statute Book and the Department of Enterprise, Trade and Employment.

4. Frequently Asked Questions

What is the Employment Rights Act 1996?

The Employment Rights Act 1996 outlines core terms of employment and provides a framework for managing terminations. It is the foundational statute that guides rights during dismissal, redundancy, and notice periods. For the current text, see the Irish Statute Book.

What constitutes unfair dismissal under Irish law?

Unfair dismissal occurs when the reason for termination is illogical, arbitrary, or discriminatory. The Unfair Dismissals Act 1977 and subsequent updates govern remedies and procedures. A claim typically requires documentation and timely filing with the WRC or courts.

How can I file a complaint about dismissal in Malahide?

Begin with the Workplace Relations Commission by submitting a complaint and supporting documents. A WRC case may involve mediation or a statutory hearing. Time limits apply, so act promptly to preserve rights.

What is constructive dismissal and how is it proven?

Constructive dismissal happens when an employer makes working conditions intolerable, forcing resignation. Proving it requires showing a substantial change to duties, hours, pay, or behavior that you could not reasonably accept. Legal counsel helps assess evidence and options.

Is pregnancy or maternity protected from dismissal in Ireland?

Yes. The Employment Equality Acts prohibit dismissal or detrimental treatment due to pregnancy or maternity. Remedies may include reinstatement, re-engagement, or compensation with appropriate legal action.

What steps are involved in a fair redundancy process?

A fair process includes consultation, objective criteria for selecting roles, and reasonable severance terms. Employers must follow statutory and contractual obligations and provide notice and pay where due. Legal guidance helps ensure compliance.

Do I need a lawyer to review a settlement agreement?

Yes. A solicitor should review terms for fairness, confidentiality, and post-employment restrictions. They can advise on waivers, references, and potential protections you might be losing.

What is the role of the Workplace Relations Commission?

The WRC enforces employment rights, offers mediation services, and can hear disputes about wages, dismissal, and discrimination. They provide formal paths to resolution and guidance on procedures.

How long does a typical claim take to resolve in Ireland?

Resolution timelines vary by case type and complexity. Mediation can conclude in weeks to months, while tribunal or court hearings may take several months to over a year. Your lawyer can give a realistic expectation based on the current docket.

What records should I keep during a termination dispute?

Keep your contract, final payslip, time sheets, holiday records, correspondence about dismissal, and any relevant performance notes. Accurate records support your claims and defenses in negotiations or hearings.

What is the difference between an employee and a contractor in Ireland?

Employee status provides broader protections under employment rights, while contractors operate under a services contract. Misclassifying workers can lead to enforcement actions; seek advice if your status is unclear.

Can I negotiate a severance package after dismissal?

Yes. Settlement negotiations are common and advisable to secure final pay, references, and any post-employment terms. A lawyer can help ensure the package reflects your rights and avoids harmful clauses.

5. Additional Resources

  • Workplace Relations Commission (WRC) - Handles disputes about pay, dismissal, and discrimination; provides information and mediation services. wrc.ie
  • Irish Human Rights and Equality Commission (IHREC) - Oversees equality and human rights protections in employment; offers guidance and complaint routes. ihrec.ie
  • Department of Enterprise, Trade and Employment (DETE) - Government body with information on rights, minimum standards, and how to exercise them. gov.ie DETE

6. Next Steps

  1. Clarify your situation and collect documents - Gather your contract, pay records, holiday records, dismissal letter, and any email or message threads. Schedule a copy with your chosen solicitor within 1-2 weeks of incident.
  2. Check your rights and options online - Review rights on the Department of Enterprise, Trade and Employment site and the WRC guidance. This helps you prepare specific questions for your lawyer. Allow 1-3 days.
  3. Consult a Malahide employment solicitor - Book an initial consultation to assess merits, costs, and strategy. Expect a detailed engagement plan with clear milestones. Plan for 1-2 weeks before the first meeting.
  4. Request a written agreement or engage in mediation - If appropriate, pursue mediation through the WRC or negotiate a settlement with your employer. Mediation can occur within a few weeks of filing.
  5. Decide on formal proceedings - If a fair resolution is not reached, decide whether to file a claim with the WRC or take a case to the courts. Your solicitor will outline the likely timeline and costs.
  6. Prepare evidence and witnesses - Organise all records, witness statements, and any expert opinions. Strong documentation increases the likelihood of a favorable outcome.
  7. Review the final outcome and next steps - After mediation or a ruling, your lawyer will explain your options for appeal, settlement adjustments, or enforcement of any remedies.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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