Employment Law
 

'extremely knowledgeable and experienced in all areas of employment law' - Chambers Europe (2021)

'exceptional in understanding the needs of their clients and get down to a level of detail and understanding on issues as if they were immersed in the day to day of our company'  - The Legal 500 (2021)


RDJ offers 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 RDJ 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.

Click here for 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 issus
  • Social media guidelines and appropriate usage
  • 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
  • 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
  • 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
  • Internal training on procedures
 
  • a brilliant employment lawyer who provides supportive, practical and efficient advice, and is hugely experienced in her field” Chambers Europe 2020 (Band 1)

  • "extremely knowledgeable and experienced in all areas of employment law" – Chambers Europe (2021)

  • The RDJ team are excellent at combining their technical expertise with their knowledge of the business to reach a successful outcome. They excel in particularly complicated cases and can see a clear pathway through any difficult situation’ – The Legal 500 (2021)

  • ‘‘David McCarroll probably has one of the sharpest legal minds in his field. His ability to understand complex situations is absolutely second to none and he always finds a way to come out with the best outcome for his clients. His ability to understand people’s different idiosyncrasies and tailor his advice accordingly makes him stand out.’ The Legal 500 (2021)

  • ‘This practice has an excellent employment law team, led by Jennifer Cashman, providing reasoned, objective advice and representation at WRC and Labour Court.’ - The Legal 500 (2021)

  • We are lucky to work with Jennifer Cashman who has a wealth of knowledge, tons of energy and, in addition to taking a very pragmatic approach, is lots of fun to work with’ The Legal 500 (2021)

  • I have used RDJ for a number of years in respect of employment law support. They are exceptional in understanding the needs of their clients and get down to a level of detail and understanding on issues as if they were immersed in the day to day of our company. Expert advice and service given every time and always willing to work on issues at short notice and out of standard hours to service our urgent needs.’ - The Legal 500 (2021)

  • ‘Availability is a key service offered by RDJ. They go the extra mile to make sure they are available for you at short notice. They understand our issues on a deeper level than any firm I have used previously. In particular, my advisor Antoinette Vahey is a pleasure to deal with and advice I have received from her over the last 2.5 years in my current role as EMEA HR Manager has been faultless.’ The Legal 500 (2021)

  • ‘The professionalism, depth of experience and friendly advice that is easy to understand and follow. They advise on simple and complex issues. Response/turnaround time is phenomenal.’The Legal 500 (2021)

  • ‘Jennifer has provided comprehensive advice during the pandemic at a time when the usual certainties of business did not prevail in all instances. A rock of sense. ’  - The Legal 500 (2021)

  • ‘you feel that they really care about your organisation and getting the best result possible for you’  - The Legal 500 (2020)

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