Employment Law
Employee rights are strongly safeguarded in Irish legislation, a fact which many employers fail to recognise. All employees are entitled to be treated fairly and to have proper and fair procedures applied by their employers in all their interactions.
Employers frequently fail to treat their employees fairly, particularly in the disciplinary process.
At Kennedy Frewen O’Brien we have many years of experience vindicating employees’ rights and advising employers on how to fairly discipline and dismiss employees who do not meet required standards. We have successfully represented employers and employees in many employment cases such as the following:
Sexual harassment at work:
An employee was sexually harassed at work by a fellow employee. Although the Employer had procedures in place to deal with sexual harassment, these procedures were not followed and the employee was not safeguarded. A successful case was taken to the WRC resulting in significant compensation for the employee who suffered the sexual harassment.
Unfair Dismissal disguised as Redundancy:
An employee was made redundant by his employer. Shortly after the redundancy, the employer advertised for a similar position in the organisation. A successful Unfair Dismissals Claim was taken to the WRC on the grounds that it was not a real redundancy situation but in fact an unfair dismissal. Significant compensation was obtained for the employee.
Fair Dismissal:
An employer was dissatisfied with the performance of an employee who consistently failed to meet expectations and benchmarked standards. Kennedy Frewen O’Brien advised the employer on the approach to take and the procedures to use to successfully dismiss the employee. The employee nonetheless brought a case for unfair dismissal to the WRC but the case was successfully defended and the dismissal was upheld as a fair dismissal.
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