I am occasionally contacted by employees who have attempted to negotiate a contract of employment but difficulties have arisen and they want to sue for breach of contract. The first thing that needs to be addressed, however, is whether a binding, enforceable contract has been entered into between the employee and the employer with whom … Read more
Most employees are put ‘on probation’ in a new employment before their position is confirmed. Most employment contracts will state that the position will only be confirmed on satisfactory completion of the probationary period. A typical clause in an employment contract will read ‘Subject to satisfactory completion of the probationary period specified below, you will … Read more
Are you an employer? Did you know that since 4th March 2019 you are obliged to give a statement of ‘core terms’ to the employee within 5 days of her commencing employment? This is known as the ‘5 day statement’ and is pursuant to section 7 of the Employment (Miscellaneous Provisions) Act 2018 and the … Read more
The Employment (Miscellaneous Provisions) Bill, 2017, when passed into law in Ireland-expected to commence in March 2019-will bring about some significant changes for Irish employers and employees. In fact, it makes certain breaches of the act a criminal offence: if the employer incorrectly designates an employee as ‘self-employed’, for example. (This bill became law on … Read more
What happens if there is a technical breach of the law by an employer but the employee has not suffered any prejudice or detriment? Do you know what the “de minimis rule” is? It might be a good idea to be aware of it. Let me explain. An employer must give an employee a written … Read more