Welcome to Clifford Sullivan & Company Sollicitors.
This is the Visually impared section of the site, to return to the normal site please click here.
Home
| Employment Law | Litigation
| Commercial | Property
| Family Law
Legal News | Contact
Us| Return to Graphics Version
Employment Law is a niche area of speciality for Clifford Sullivan & Company. We advise both Companies and Executives of different aspects of employment law. This firm handled the largest employment law case in the history of the State on behalf of the employee. This was a well publicised case of Rogers .v. ESAT Telecom & Ors. We settled in 2000.
We advise Companies and Employees on:.
Many procedural issues and concerns arise in the hiring and firing of staff. Unfamiliarity with the law in these areas exposes Employers to risk of claims been made against them.
Many areas of exposure can be covered by properly drafted Employment Contracts, which would include grievance and disciplinary procedures.
We draft/review Contracts to ensure that our Client's interests are protected. Different issues arise depending upon whether we are acting for an Employer or an Employee. Issues common to all contracst will be, Term of Contract, Probationary Period, Performance Review Mechanisms, Remuneration Package including Share Options, Termination Provisions, Disciplinary and Grievance procedures.
In any dismissal situation, the Performance Mechanisms, Disciplinary and Termination provisions will be highly relevant and great care is needed, at the outset to protect one's interests adequately. Many Executives later regret not negotiating an adequate Termination Notice period, when agreeing his or her Employment Contract.
Since the Employment Equality Act 1998, as much care is needed in recruiting as is needed in dismissing Employees. Discrimination in nine specified areas, such as age, marital status etc., is clearly outlawed and many cases have already been brought under these provisions. Claims in respect of age discrimination are particularly becoming prevalent. A non-successful Applicant for a job, who can prove he or she was discriminated against, can receive up to €12,700.00 in compensation. For an Employer, proper interviewing technique and procedure is essential as is the keeping of proper records.
Amongst Employers, are their duties to protect the Employee against psychological as well as physical harm or injury. Therefore, Occupational Stress, Bullying or Harassment are matters for which the Employer can be made liable and an Employer must be vigilant and pro active in dealing with such issues.
When it comes to a dismissal situation, great care is needed by an Employer to make sure that correct procedures are in place and properly followed. As many cases are brought due to an Employer not following proper procedure as are brought on the merits of the case.
From an Employee's perspective, as well as an Employer's perspective, it is absolutely vital to take advcse in advance of taking any action. Courts will carefully scrutinise all actions, statements and documents made and exchanged leading up to a dismissal situation. Sometimes injunctive relief is necessary to protect an Employee's interest and any delay in bringing an Application for Injunction can be fatal to the Employee's prospects of obtaining injunctive relief.
Contact Clifford Sullivan & Company for best advise as to how to protect your own interests.