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Employment Law

We offer one of the most extensive and experienced Employment Law teams in any Irish law firm with a team of 8 Solicitors headed up by Jennifer Cashman. We appreciate that the human resource requirements of employers are far more wide-ranging than the headline employment disputes. Our focus is very much on avoiding and managing risk. Our clients welcome our proactive and strategic approach to their business which assists them in preventing employment issues becoming contentious.

 

We advise a wide range of private companies, public companies and key sectors such as medical, education, pharmaceutical, retail and construction on all aspects of Irish and European employment law. Significantly, we advise both unionised and non-unionised businesses. The in-depth expertise of the Ronan Daly Jermyn Employment Unit includes advising on all issues associated with employment law, from advising on best practice in recruitment and selection to defending claims for dismissal arising out of the termination of the employment relationship.

How do I handle it?
RDJ's writes for legal-island on how employers should handle difficult workplace scenarios

Self-employment and the world of modern work
Harry Wall | 28/07/2017

What are an employer's responsibilities to employees travelling abroad?
Deirdre Malone | 22/5/2017

Data Protection Commissioner guidance on data access requests
Harry Wall | 2/5/2017 

Court of Appeal rules that State must pay damages in informal insolvency case
Caoinhe Heery | 27/3/2017 

 

Click here for more Employment Insights...

 

1. Advisory

We provide a signature e-mail and telephone service whereby HR specialists can email and telephone us for immediate advice in relation to practical day to day issues. In this regard, we very much partner with our clients on their HR needs and provide practical solutions focused advice. This support also extends to in-house counsel in our various clients. Acknowledging the value that our clients place on having legal advisors that understand HR strategy, one of the members of the team holds a Higher Diploma in Human Resource Management. The team are also accredited members of CIPD, partnering with them to deliver an annual seminar on practical employment law issues. Our advisory work covers all aspects of the employment relationship from recruitment and selection right through to termination of employment, and recognising that pensions are often a concern for employers, one of our Team has recently obtained a Law Society certificate in Pensions Law and Practice. Examples of the areas in which we provide, on a daily basis, employment law advice to our clients are as follows:

  • Employment contracts and staff handbook;
  • Policies and procedures;
  • Employee relations;
  • Management training;
  • Statutory rights and forms of statutory leave;
  • Atypical workers including Fixed term and Agency workers;
  • Disciplinary and performance management;
  • Bullying and harassment;
  • Employment equality and discrimination;
  • Absenteeism and absence reporting issues;
  • Leave and flexible working arrangements;
  • Re-organisations and redundancies;
  • Industrial Relations and disputes
  • Termination of employment contract
  • Data Protection and confidentiality issu
  • Social media guidelines and appropriate usage; and
  • Vetting requirements

2. Contentious

We also have extensive experience in representation before the Employment Appeals Tribunal, Rights Commissioner service of the Labour Relations Commission, Labour Court and Equality Tribunal as well as before the Circuit and High Courts and provide advice on such matters as:

  • Wrongful and unfair dismissal;
  • Discrimination and equality claims;
  • Injunctions seeking to restrain termination of employment;
  • Breach of statutory rights particularly pay cuts, lay-off, annual leave and terms of employment disputes;
  • Disciplinary and performance management;
  • Industrial disputes and strikes;
  • Health and safety;
  • Work-related stress issues; and
  • Personal injury proceedings and work related injuries.

3. Corporate and Commercial

We frequently partner with our colleagues in Corporate and Commercial on issues such as:

  • Employee due diligence;
  • Obligations under the Transfer of Undertaking regulations in respect of mergers, acquisitions, outsourcing arrangements and Corporate restructuring;
  • Executive service contracts;
  • Confidentiality agreements;
  • Restraint of trade agreements and restrictive covenants;
  • Contracts for services for consultants and independent contractors;
  • Protecting trade secrets;
  • Secondments; and
  • Tax issues arising on termination and severance agreements.

4. Mediation and Alternative Dispute Resolution (ADR)

As Employment practitioners we recognise the benefits of mediation and other forms of ADR in an employment context, such as Conciliation before the Labour Relations Commission. It is less formal, less expensive, and less time-consuming than proceeding to hearing. It can also give parties more opportunity to determine when and how their dispute will be resolved which helps to preserve working relationships.

In recognition of the importance of which we place on mediation, one of our team members is a CEDR qualified mediator who can offer support and guidance to our clients going through mediation process but who is also in a position to act as an independent mediator in order to bring about a successful resolution to an employment dispute.

5. Internal Procedures

With our focus on prevention of disputes and litigation cost for clients, the team has particular expertise in assisting clients in the management of investigative, disciplinary and appeal processes on issues such as:

  • Suspension;
  • Preparing terms of reference;
  • Fair procedures;
  • Conducting hearings;
  • Drafting reports; and
  • Internal training on procedures.
 

 

  • "The firm is very quick, insightful and focused, giving us clear advice whether or not the message is what we want to hear. The firm really advises us rather than just endorsing us." - Chambers Europe
  • "These lawyers have never let us down in terms of being available to advise and monitor any issues that we are going through. They support us and look after our legal affairs in a proactive and effective manner with expertise and in-depth knowledge." - Chambers Europe
  • Clients describe Department Head, Jennifer Cashman, as "excellent - she is very forthright, easy to deal with, and her advice has proven to be spot-on." - Chambers Europe
  • "The team listens to us as clients and takes the time to understand what the issue is and the context we are coming from." - Chambers Europe
  • "The advice is always thoughtful and considered. Compared to some other lawyers, it is transparent and very clear." - Chambers Europe
  • "It is a very human firm. The advice is never just theoretical, it always relates to our specific situation." – Chambers Europe
  • Jennifer Cashman and her team provide “concise and focused advice.”— The Legal 500

 

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