Employment Law Information for Employees
It may be that you are experiencing bullying or having a difficult relationship with your boss, have recently been dismissed, have been discriminated against, are having problems getting paid, or have concerns about the terms of your employment agreement.
For most of us, work is key to our sense of identity and self-worth. If things go wrong, it can have a devastating effect on us both financially and emotionally. We specialise in giving realistic, practical and jargon-free advice to get the best result for you. We can help you to resolve your employment problem and, if necessary, can represent you in the Employment Relations Authority and the Employment Court.
Provided there is no conflict of interest or other reason why we could not act for you, we are happy to arrange an initial 15 minute telephone consultation free of charge. Please call us for a confidential consultation on: (09) 214 5780.
Claims for unjustified dismissal may arise in a number of situations including dismissal for supposed misconduct or alleged poor performance, redundancy where the employer does not have a genuine reason for redundancy or has not followed a fair procedure or where an employee has been forced to resign.
Constructive dismissal occurs where an employee is forced to resign as a result of his or her employer’s actions (or failure to act). If an employee has been constructively dismissed, he or she may have a claim for unjustified dismissal and/or unjustified disadvantage.
Bullying at Work
Bullying at work can give rise to a number of claims including constructive dismissal and unjustified disadvantage. It may also be a breach of the Health and Safety in Employment Act 2015.
In order to make an employee redundant an employer must have a genuine reason to do so and follow a fair procedure. The employer must also consult with affected employees and follow a fair selection process. If the employer does not have a genuine reason for the redundancy or if it has not followed a fair procedure, the employee may have a claim for unjustified dismissal.
There are many circumstances which may give rise to a claim for unjustified disadvantage. These include: bullying or harassment of an employee; suspension without having a good reason to do so or without following a fair procedure; giving an employee a warning or demoting them without having a good reason to do so or without following a fair procedure.
A personal grievance is a type of complaint an employee has against his or her employer or former employer. For many claims, in order to make an application to the Employment Relations Authority, the employee must have first raised a personal grievance.
Discrimination against employees or applicants for work by reason of one or more of the prohibited grounds is unlawful. Other types of discrimination including sexual harassment, racial harassment and victimisation are also prohibited.
Employers must follow a fair process to take disciplinary action against an employee. Failure to do so may result in claims for unjustified dismissal or unjustified disadvantage.