7 Most Common Employment Claims in Irish Employment Law

7 Most Common Employment Claims in Irish Employment Law


okay in this video I’m going to take a
look at seven most common claims against employers so if you’re an employer then
you will or should be interested in these seven claimants which I’m going to
take a look at right after this okay first came the first biggest source
of claim would be an unfair essential claim the unfair dismissal Act of 1977
provides for unfair dismissal and for constructive businesses which is also an
unfair dismissal frame constructive dismissal is where the employee leaves
the job and they have done so because of what they claim is the intolerable
behavior or conduct of the employer under the employer no longer feels bound
by the conflict of employment and in those circumstances the employee leaves
the job resigns and brings a claim on the honor the unfairness letters like
1977 the maximum the amount can be awarded under the unfair sources like
1977 is two years salary that however is very unlikely it would be very very rare
in fact I don’t know of any such cases generally the employees entitled to
financial loss so he’s not entitled or she’s not entitled to loss for
embarrassment or you know stress or in and suffering or anything of that nature
the employee is entitled to the financial loss so that essentially the
loss of earnings between when they are unfairly dismissed and when they start a
new job second big source of claims would be discrimination based claims
these may be in a respect of employment and in respect of the provision of goods
or services which the workplace relations commission can deal with but
in the employment context there are basically nine grounds of discrimination
these were include family status or civil status membership of the
travelling community race or origin or nationality disability religion and a
number of others but essentially there are nine so it’s quite common for
somebody for an employee to bring it frame a discrimination based claim
and one of the nine grounds it does have to be though on one of the nine ground
the third area of which is a ripe area or ripe source of claims is under the
payment of wages Act 1991 I think is it is actually covers matters like
obviously payment of wages the provision of wage slips and the basic compliance
with the requirements of the payment of wages Act 1991 this is a ripe enough
source for claims by employees and you must remember that when an employee
brings a claim under one heading or one act he may well or she may well also
throw in a number of other claims and in the whole policy does the more bullet to
fire the likely more likely you are to hit the target so you as the employer
remember are the target the next source of claims to the workplace relations
equation and to formerly quality private Appeals Tribunal is under the
organization of working time Act 1997 dislikes deals with respects with
holidays annual leave with breaks between working one day on the next and
the maximum number of hours that you can work in a particular week and so on and
so forth so the organization of work in turn acts
1997 can be quite technical and done in addition to the active service
regulations were brought in by way of statutory instrument which makes it
difficult very difficult for the employer to be entirely compliant so
it’s easy not to fall to fall from a technical standpoint of the organization
of working tonight another ripe source of claims is under
the redundancy heading so a person might claim that they haven’t got any
redundancy that might claim that they haven’t got the correct amount of
redundancy or indeed that there was redundancy and recognized for their
benefit but they simply weren’t paid so it is also another line of claims
arises where a person is made redundant but their claim is actually a sham
redundancy and in fact what it is is an unfair dismissal dressed up as
redundancy that’s another source of claims against employer
another source of claims is the minimum terms of employment or the minimum
notice rather and obligations on the employer so in statute itself after a
certain period of time after thirteen weeks that a person entitled to at least
one weeks notice of termination of the employment and then the number of weeks
that are tied to two will increase in direct proportion to the number of years
that have actually been in the job so clearly somebody that’s there over say
eight years or six years or something would be entitled to significantly more
in office so this is another claim that can be brought against the employer and
again it’s one that’s possibly thrown in along with other claims if an employee
goes to the trouble of bringing a claim against the employer to the workplace
solutions another very common source of claims is determines of Employment
Information Act it sets out the basic obligation on an employer to provide a
written statement of certain terms and conditions of employment to the employee
within two months of starting the job many employers for some strange reason
don’t comply with this Act and it is very very simple same to bring and it is
a very very black-and-white claim if you end up at the workplace iterations
Commission because it’s just obviously an easily provable fact as to whether
the employee was given a contract of employment within the term once or not
if not well then the employee is going to succeed there the seven main sources
of claim I am relying there on the report published by the Employment
Appeals Tribunal in respect of activity in 2012 they analyzed the claims that
came in and also I’ve had recent look there
and very very useful video series on the lost city websites dealing with
employment law dealing with the workplace relations commission and the
work of the workplace relations commission and the head and workplace
relations situation confirmed that the three most common
claims that they face now would be unfair dismissal discrimination on
payment of wages I hope you find this video useful if you do you might share
it or comment below or give it the thumbs up and you might be interested in
subscribing to my youtube channel my name is Terry Gauri I’m a solicitor and
field thanks for watching

You May Also Like

About the Author: Oren Garnes

1 Comment

Leave a Reply

Your email address will not be published. Required fields are marked *