Author: Terry Gorry
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How to Make an Employment Related Claim
Had enough? Are you at breaking point? Are you considering bringing a claim against your employer? Are you unsure of the procedure and what to do? Are you worried about legal costs? By the end of this piece, I hope you will have a well informed grasp of what’s involved and what you need to…
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Duplicate or Parallel Proceedings-Can Employment Litigation Drag On Forever in Different Venues?
An 1843 case, Henderson v Henderson, gives us a common law rule “that there should be finality in litigation and that a party should not be twice vexed in the same matter”. Four recent Irish cases address again the issue of duplication of proceedings. Cunningham -v- Intel Ireland Ltd Cunningham -v- Intel Ireland Ltd [2013]…
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Independent Contractor or Employee-the Crucial Significance in an Unfair Dismissal Case
When a person brings a claim for unfair dismissal under the unfair dismissal legislation, there is one essential proof that they must establish at the outset: they must prove they were an employee. In most cases this is clear and is not a problem. But if the employer can show that the person was an…
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The Protected Disclosures Act, 2014-What Employers and Employees Need to Know About Whistleblowing
The Protected Disclosures Act 2014 came into law in July of 2014. The Act provides protection to “workers” against dismissal for having made a protected disclosure. (A “worker” includes employees (public and private sector), contractors, trainees, agency staff, former employees and interns and members of an Garda Siochana). The Act also provides other protections to…
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A Step by Step Disciplinary Procedure-From Verbal Warning to Dismissal
Sacking an employee is a serious matter. It can have very serious consequences going far beyond the simple loss of an income or job. It can also have a significant societal stigma attached. This is why the Employment Appeals Tribunal, the Rights Commissioner Service, and the Civil Courts, and other bodies are so keen that…