Implied Terms and Express Terms relating to Contracts of Employment
Implied Terms are terms, which can be implied into a contract by custom and practice, between an employer and employee.
Implied terms are clauses which are not expressly written down in a contract of employment. If a particular practice is in place over a long period of time there can be an expectation that such a practice will continue.
Practical Guide to Setting up a Business in Ireland
Ireland is the only native English-speaking country in Europe and attracts foreign investment for the advantageous tax rates and highly skilled workforce.
The most important advantage of setting up an Irish company is limited liability.
There are a number of practical considerations that are required to be addressed before incorporation.
A Guide to the Workplace Relations Commission
The Workplace Relations Commission (WRC) in an independent statutory body. It was sent up under the Workplace Relations Act 2015.
Unfair Dismissal
In Ireland after 52 weeks service if you are dismissed the law presumes it to be unfair and it will be up to an employer to show that there were grounds justifying the dismissal.
Employment Settlement Agreements
Settlement Agreements or compromise agreements are frequently signed where an employee is exiting a business. An employment settlement agreement is a mechanism to settle employment exit disputes in a low risk confidential way.
Employment Discrimination
Discrimination in the workplace falls under the scope of the Employment Equality Acts 1998-2015. These acts are unique in that they not only protect employees, but also job applicants, independent contractors and employees with less than one year’s service.
Employee vs Self-Employed
The distinction between whether a worker is an employee or self-employed is of great importance to determine a worker’s rights under employment law legislation. If a worker is classed as an employee, then they will have the protection of employment law legislation, including the Unfair Dismissals Act 1977. However, if a worker is classed as a self-employed contractor, they will not have the...
Workplace Bullying
The issue of workplace bullying is an extremely serious one, due to the potential impact to employee’s physical and mental wellbeing. Unaddressed bullying in the workplace can create a hostile and toxic environment for all members of staff and can normalise inappropriate behaviours.
Right to Work from Home
As the law stands, there is no inherent right under Irish employment law to work from home. However, since the Covid-19 pandemic there has been a greater demand amongst the work force for greater flexibility in terms of working hours and locations.
A new bill has been proposed which, if signed into law, would create a right to request to work remotely for employees.
Revenue Powers & Enforcement
Revenue is entrusted with the authority to collect taxes lawfully owed to the State. Revenue powers, technologies and sophistication in the last twenty years have expanded enormously. In Revenue enforcement proceedings persons may find themselves in grave financial circumstances, facing a creditor with near unlimited resources, who can utilise powers uniquely conferred on Revenue.
