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Criminal Law Dublin

The District Court Summons and Charge Sheet Procedures

Generally criminal proceedings are started in the District Court (although more serious offences can be initiated in the Special Criminal Court) and are started in one of two ways-by way of District Court summons or the charge sheet procedure.

Most criminal prosecutions in Ireland are brought by the DPP (Director of Public Prosecutions) although other entities can also prosecute crime in Ireland.

The Attorney General, Dublin City Council, the Competition Authority and others also have the power to bring criminal proceedings.

 

1. District Court Summons Procedure

A District Court summons is basically an order to appear before the District Court to answer a complaint.

This complaint will have been made by a member of An Garda Siochana and on foot of this complaint a District Court clerk will issue a summons for the attendance of the accused before the District Court to answer the complaint.

 

The Validity of the Summons

In order for a summons to be valid it must

  • State in ordinary language details of the offence of which you are accused
  • It must give you the time, date and location of the District Court before which you must appear.

Service of the summons can be carried out in person by a Guard or by post and it must be served 7 days before the Court date.

If there is a serious defect in the Summons, for example omitting the location of the court, then the summons will be struck out by the sitting Judge.

 

Time Limits for the Issuing of A Summons

The time limit for the issuing of a summons is that the complaint must be made to the District Court clerk within 6 months of the alleged offence, provided the offence is a minor or summary offence.

 

Indictable Offences Time Limits

Indictable offences do not have time limits imposed and can be prosecuted at any time after the alleged offence.

 

2. Charge Sheet Procedure

Offences can also be prosecuted by way of the charge sheet procedure in the District Court.

The charge sheet procedure involves the arrest of the alleged offender and transportation to the garda station where the arrested person will be given a sheet which sets out the facts of the alleged offense and the charge.

Once the charge is read out to the accused person, any remarks or comments made by him will be noted on the charge sheet.

The accused person may be released on station bail, provided there are no outstanding warrants for his arrest.

If the accused is released on bail he will have to enter a recognizance to compel his appearance before the next sitting of the District court. If he is refused bail he can apply for bail to the Judge at the District Court sitting before which he appears.

If the accused person fails to appear a “bench warrant” will be issued by the Judge for the arrest of the accused to bring him before the court to answer the charges against him.

Once the accused is before the District Court the arresting Garda will give evidence of arrest, charge and caution and will also give evidence of any comments made by the accused.

The charge sheet is then lodged with the District Court clerk.

These are the two methods by which you will find yourself before the District Court to answer criminal charges.

If the alleged offense is not a minor offense but an indictable offense the accused may be sent to the Circuit Criminal Court, the Special Criminal Court or the Central Criminal Court.

If you are in doubt whether you need a solicitor to represent you when facing a criminal charge this video will explain why it is critical to have legal representation in certain circumstances.

Categories
Employment Law

What is Constructive Dismissal?

What is constructive dismissal?Constructive dismissal in Ireland is covered by the Unfair Dismissals Act, 1977 in section 1(b) as it provides that a dismissal is, among other definitions,

“the termination by the employee of his contract of employment with his employer, whether prior notice of the termination was or was not given to the employer, in circumstances in which, because of the conduct of the employer, the employee was or would have been entitled, or it was or would have been reasonable for the employee, to terminate the contract of employment without giving prior notice of the termination to the employer.”

 

It is one of the most common employment claims taken by employees against former employers.

 

Essentially where an employee terminates his employment as a result of his employer’s conduct he may be able to successfully bring a case for constructive dismissal.

 

It is vitally important to note that in a constructive dismissal case the onus of proof is on the employee as he/she needs to prove that his/her resignation was justified. This can be contrasted with a case of unfair dismissal where the employer must prove that the dismissal was fair and justified.

 

Examples of potential constructive dismissal cases

Some examples of circumstances giving rise to a claim for constructive dismissal are set out below. However it is vitally important to understand that in all legal cases, the particular circumstances of the case will be a huge factor in success or failure and the examples below are not definitive or exhaustive.

 

  • A unilateral reduction in pay

This may give rise to a case for a successful constructive dismissal case as it may be a material breach of a fundamental clause in the contract of employment.

 

  • A change in job function

A unilateral change in the functions of your job may give rise to a successful constructive dismissal claim.

 

  • Adverse working environment

 

  • Change of work location

Where the contract of employment does not make provision for a change of work location it can give rise to a claim.

 

  • Undeserved warnings
  • Sexual harassment in the workplace
  • Abuse in the workplace
  • Change in work hours
  • Conduct of fellow employees.

All of the examples above have given rise to successful claims for constructive dismissal on one occasion or another; however this does not mean that these situations will automatically lead to a successful claim.

 

Remedies for constructive dismissal

Possible remedies for unfair or constructive dismissal which the EAT (Employment Appeals Tribunal) can order include

  • Reinstatement in the job
  • Re-engagement
  • Compensation.

 

To bring a case under the Unfair Dismissals Act, 1977 you will need to have at least one year’s continuous service with the employer and have exhausted all internal grievance procedures of the company.

 

You must also bring your claim within 6 months of the date of termination of your employment (12 months in exceptional circumstances) and can bring it to a Rights Commissioner who will make a recommendation or you can bring your complaint directly to the Employment Appeals Tribunal who will issue a determination.

 

This determination of the EAT can be appealed to the Circuit Court by either you or the employer.

 

Word of warning to employees

Take legal advice before doing something as drastic as resigning your position of employment and exhaust all internal grievance/complaints procedures as this will ultimately strengthen any case you bring.

Categories
Employment Law

Tupe Regulations and the Transfer of Undertakings

The Tupe regulations should be a critically important consideration if you are selling your business or if you are working in a business which is being taken over.

tupe-regulations

The Transfer of Undertakings Directive of 1977, which became part of Irish law by the European Communities (Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations, 1980, protects the rights of employees where the business in which they are employed is transferred to a new owner.

What is an undertaking?

It is important to note that the TUPE directive covers undertakings and businesses or parts of undertakings and businesses-this leads to the critical question of what an undertaking is and as there is no definition in the legislation it has led to much case law with each case being decided on it’s own particular facts.

 

 

Key elements of the TUPE regulations

The key thrust of the TUPE directive is that the rights and obligations in respect of employment contracts of the transferring business are transferred to the new business.

  • There must be a change of employer-this is a fundamental criteria
  • A change of employer can occur where full ownership does not change (management responsibility may change and transfer to a subsidiary for example)
  • Pension entitlements are excluded insofar as they do not have to be continued by the new company
  • The parties to a transfer have an obligation to notify, inform and consult with employees or their representatives
  • If TUPE legislation is breached the problem rests with the new business (the transferee)
  • The TUPE directive does not apply where the reason for the transfer is the insolvency of the transferring business.
  • TUPE also does not apply where the business is transferred by a transfer of shares
  • TUPE may apply even where there is no agreement between the two businesses, for example where a lease or franchise is surrendered by operation of law.

 

Who does TUPE apply to?

Firstly employees but also persons having an employment relationship with the transferor. This may mean agency workers, depending on who pays them, for example and the Labour Court has held that agency workers can be covered by the directive, depending on the particular circumstances of the case.

Conclusion

If you are thinking about purchasing a business in Ireland or the EU there is quite a lot of complex issues which you would be well advised to obtain legal advice for.

There is considerable body of decided case law which teases out many issues that have arisen in this area-matters like

  • the cessation and resumption of a business prior to transfer,
  • what is an undertaking,
  • who is covered by the legislation,
  • whether public bodies are undertakings,
  • questions surrounding dealerships and franchises,
  • transfer of part of an undertaking,
  • the difference between an “activity” and an undertaking and so forth.

For this reason do consult a solicitor if you feel that your rights have not been upheld in this potentially complex area.

Categories
Employment Law

Unfair Dismissal and Constructive Dismissal-An Overview

Unfair dismissal and constructive dismissal cases can prove very expensive for employers, not to mention traumatic occasions for employees.

Unfair dismissal in Ireland is governed by the Unfair Dismissals Act 1993 and two points need to be made about this legislation at the outset-

1. an employer must have substantial grounds for dismissing an employee

2. in doing so the employer must apply fair procedures to the process.

unfair dismissal

The Unfair Dismissals Act covers people who have been in employment for at least 52 weeks continuous service. Employees who are not covered include FAS trainees, members of the Defence Forces and Gardai and civil servants.

It may seem blindingly obvious but only employees may use the legislation in respect of a termination of employment-sub contractors for example would not be covered.

 

Constructive Dismissal

An employee may succeed in a claim for constructive dismissal in circumstances where the employee resigns the employment as a result of the employer’s conduct towards the employee.

Circumstances giving rise to this situation include a reduction in pay, a deterioration in the working environment, change of job roles, unwarranted warnings, change of location of the job and many others. Not all of these situations will always give rise to a successful claim for constructive dismissal but these are the kinds of things that employers must be very careful about if they don’t want to end up in the Employment Appeals Tribunal.

constructive-dismissal

However employees on probation up to a period of one year are excluded from the protection of the legislation.

Unfair Dismissal Categories

There are a number of categories of dismissals which the Unfair Dismissals Act 1977 and 1993 deem to be automatically unfair.

They are

1. trade union membership

2. the colour, race or sexual orientation of the employee

3. the employee’s religious or political opinions

4. where the employee is involved in legal action against the employer

5. the employee’s age

6. the fact that the employee is a member of the traveling community

7. the employee becoming pregnant

8. the employee taking part in industrial action.

These are the main grounds which the legislation deems to give rise to an unfair dismissal claim and are deemed by the law to be automatically unfair.

 

Redundancy Defence

The employer has a defence in the form of redundancy but he must be able to show that the employee has been fairly selected for redundancy. However if the employer seeks to employ the redundancy defence he can expect that if an unfair claim is made against him he will find that his redundancy defence is put under a fair degree of scrutiny.

 

For example, it is not enough that the employer can show that his workforce numbers requirement is expected to decline sometime in the future-he must be able to show that is requirements will lower in the very near future to the redundancy that he has just carried out.

 

Fair Procedure

The Employment Appeals Tribunal is very strong on fair procedure in relation to the termination of an employee’s job; they have held many times in the past that if they find that fair procedure was not followed then they will deem the dismissal to be unfair, regardless of the circumstances.

Categories
Employment Law

Employment Rights and the Termination of Employment in Ireland

One of the most common sources of dispute between employer and employee is when termination of employment occurs.

It is important for any small business to have a basic understanding of the procedures and the rights of employees and employers when it comes to terminating employment.

employment-rights-ireland

The most commonly litigated aspect of employment law is instances involving the termination of the employment contract itself.

Although disputes are not uncommon in the workplace, most will be resolved without the parties involved being compelled to terminate the employment contract.

However in some instances this may be the only reasonable avenue available to either or both parties.

 

Termination of employment in Ireland

Contracts of employment may be terminated in a number ways including:

  • agreement,
  • dismissal,
  • repudiation and
  • frustration.

 

Termination of employment by Agreement

As is the case with all contracts, contracts of employment may be terminated with the consent of both parties.

In certain circumstances a term of the contract may be inserted to deal with the termination of the contract, by means of notice by either party. In this instance it is generally understood that a certain minimum time must have elapsed prior to the term being activated.

An alternative means by which the contract of employment may be brought to an end involves the payment of an agreed sum, made with the intention that the contract shall be terminated forthwith.

In certain circumstances where the interests of both parties are served by the immediate termination of the contract of employment, then no such monies may be necessary i.e. the employer is actively seeking to cut back on staff numbers and the employee has been offered more lucrative terms with another employer.

Termination of employment by Repudiation

A repudiation of the employment contract occurs in circumstances whereby either party unilaterally fails to abide by the terms agreed, eg forced resignations, failure to pay remuneration, unilaterally changing the nature of the work..

In circumstances where an employee is the one alleged to have committed a repudiatory breach of the employment contract, for example by means of unambiguously leaving the job at issue, the contract is not deemed to be terminated and it is still at the discretion of the employer to retain the services of the employee.

The reasoning behind this principle is to avoid rewarding employees who seek to prematurely end their contracts deliberately.

Termination of employment by Dismissal

A dismissal is legally defined as the unilateral termination of the contract of employment by the employer.

Where the employer fails to give adequate notice of the dismissal he/ she will be held to have repudiated on the fundamental conditions of any employment contract, payment for work completed.

In circumstances where an employee refuses to accept this repudiation, then he/she may elect to sue for damages for wrongful dismissal.

Termination of employment by Frustration

One of the more recent innovations in the law of contract is the legal principal of frustration, whereby circumstances outside of the control of either party mean that the contract comes to an end and any further contractual obligations are set aside.

In the context of the contract of employment, the factors accepted are inclusive of but not limited to: the destruction of the workplace, illness on the part of the employee, employee’s imprisonment or liquidation of the business.

Notice of Termination

One of the terms of any contract of employment will generally be the length of notice required to lawfully terminate the contract. In the event that no such clause is deemed to exist then reasonable notice must be given (this will be determined by the individual circumstances of any contract).

However where an employee is being dismissed for a very serious breach of contract, there is no entitlement to any notice. Invariably the employee will argue that the reason for his dismissal, if there was a breach of contract, is disproportionate and excessive punishment.

The process whereby an employer decides to immediately terminate an employment contract is legally regarded as a summary dismissal. This power may be exercised in circumstances where the contract of employment expressly stipulates or alternatively where the employee is guilty of serious misconduct.

The exact factors which constitute a serious misconduct may be cited in the contract or alternatively where this is not the case, the individual circumstances of the employment may be considered.

However, some actions are so nefarious as to be instantly regarded as such including: deliberately destroying the employer’s valuable property, stealing from the employer, and gross insubordination.

In addition to the grounds previously specified an employee’s action representing to the employer that he possessed a certain skill or qualification, which was not in fact the case, would have seriously misrepresented the situation and this action would warrant summary dismissal. However, inability to do a job may be regarded due to the employer’s inadequate training methods or to inefficient techniques for selecting employees.

Categories
Business Law

Licensed Property Service Provider-The New Procedure for Auctioneers and Letting Agents

From May, 2012 a new body, the Property Services Regulatory Authority (PSRA) has been set up to regulate the provision of property services in Ireland.

This new body covers auctioneers/estate agents, property management service providers, and letting agents.

licensed-property-service-provider

Anyone providing property services in Ireland requires a licence and is leaving themselves open to up to 5 years in prison and an unlimited fine if they provide property services without one.

 

A separate licence is required for each property service.

 

There are a number of different application forms depending on whether you are a sole trader, independent contractor, company or partnership.

 

The Property Services (Regulation) Act 2011 is the relevant piece of legislation which you can find at www.IrishStatuteBook.ie and the PSRA (www.NPSRA.ie ) have produced a booklet explaining the whole procedure together with the application forms and notes to help you with filling out the application.

 

Sole Trader/Independent Contractor Example

The following comprises the main requirements for a sole trader/independent contractor but is not comprehensive or exhaustive.

Please refer to the guide here. ..Guide to Becoming a Licensed PSP

(Solicitors Dublin)

Your application would be as a sole trader or independent contractor (depending on whether you have employees or not) and the main requirements are as follows:

  • A completed and signed Application Form (PSRA/LA 3)
  • Evidence of your qualification(s) or necessary experience (see below)
  • Evidence that the required level of Professional Indemnity Insurance, which covers both the employer and employees, is or will be available to you,
  • Accountants Report,
  • Tax Clearance Details,
  • Certificate of Business Name Registration (only required if you intend using a business name-it is not necessary to trade under a business name but if you choose to do so the business name will have to be registered),
  • Prescribed Licence Fee (€1,000),
  • Passport size photograph,
  • Compensation fund contribution of €200.

licensed-property-service-authority

 

The necessary experience required is that you have held an auctioneer’s licence for three out of the last five years.(This is not now the case-see the amendment below which points up the difference between the booklet published by PSRA and the published regulations covering the qualifications requirement)

The level of professional indemnity insurance cover which must be provided for is as follows:

“the amount insured for each and every claim (exclusive of defence costs)

must be at least twice the business’s annual fee turnover (exclusive of VAT)

in the previous fiscal year subject to a minimum cover of €500,000 (five

hundred thousand euro), with no limit on the number of claims in any one

year.”

Hopefully this article together with the guide above will give you a good understanding of what is now required to become a licensed property services provider in Ireland.

Update 18th June, 2012

The PROPERTY SERVICES (REGULATION) ACT 2011 (QUALIFICATIONS) REGULATIONS 2012 sets out the qualifications requirements for applicatnts for the various licences and were published on 5th June 2012.

These regulations appear to different significantly from the booklet published by the PSRA as the regulations now give some discretion to the PSRA in relation to the applicant proving he/she has attained the minimum qualification requirements.

Here is an extract:

“minimum qualification requirements”, in relation to an application for a
licence, means—
(a) the applicant has, in respect of the subject areas specified in the Schedule, successfully completed a course of studies which has led to the
awarding to him or her, by a nationally recognised awarding body or
awarding bodies, of 120 ECTS compatible higher education and training credits at levels 6 to 10 of the framework of qualifications (in this
definition referred to as the “Irish framework”),

(b) the applicant has, in another jurisdiction, in respect of the subject
areas specified in the Schedule, successfully completed a course of
studies which has led to the awarding to him or her, by a body or
bodies in that jurisdiction that is or are equivalent to a nationally
recognised awarding body or awarding bodies, credits, under a framework in that jurisdiction that is equivalent to the Irish framework,
equivalent to levels 6 to 10 of the Irish framework,
(c) the applicant has lawfully engaged in, and for periods amounting
together to not less than 3 years of the 5 year period immediately
preceding the making of the application, the provision of the property
service for which he or she is seeking the licence, or
(d) the applicant has such other qualifications or experience, or both,
which, although not falling (or fully falling) within paragraph (a), (b)
or (c), satisfies the Authority that the applicant is suitable to provide
the property service for which he or she is seeking the licence

The PSRA application form for a sole trader/independent contractor now refers to “evidence of my engagement full time in the provision of Property Services for 3 of the last 5 years” which is a significant difference from page 13 of the PSRA booklet which states:

In the case of a Sole Trader or Independent Contractor evidence that the applicant was the holder of a licence or permit issued under the Auctioneers and House Agents Acts 1947 to 1973 for three of the five years immediately preceding the making of the application.

Categories
Debt

Central Bank Code of Conduct on Mortgage Arrears-Much Needed Protection for the Distressed Homeowner?

The Code of Conduct on Mortgage Arrears 2010 is a critically important document for anyone in arrears with the mortgage on their primary residence.

The primary residence, incidentally, does not have to be occupied if it is the only residential property owned by the borrower in the State.

code-of-conduct-mortgage-arrears-2010

A March, 2012 High Court decision in Stepstone Mortgage Funding Limited v Fitzell has held that in order to successfully obtain an order for possession that the lender has complied with the  Code of Conduct on Mortgage Arrears 2010.

In summary the Code of Conduct on Mortgage Arrears 2010 obliges the lender to hold off on possession proceedings unless

  • Every reasonable effort has been made to agree an alternative arrangement with the borrower and
  • To hold off proceedings for possession for 12 months from when the mortgage enters the Mortgage Arrears Resolution Process.

Mortgage Arrears Resolution Process

This process should be used prior to legal proceedings being commenced and the lender must tell the borrower that the Mortgage Arrears Resolution Process is being applied to his/her loan which can only occur after 31 days from the mortgage arrears occurring.

Standard Financial Statement

The bank’s Arrears Support Unit must assess a Standard Financial Statement that the bank requires the lender to fill out.

Revised Payment Arrangements

When repossession proceedings have commenced but have been adjourned on the basis that a revised payment arrangement has been entered into with the lender then if this arrangement breaks down the bank is required to review the failure and seek a new Standard Financial Statement.

Conclusion

If you find yourself in mortgage arrears with your primary residence, and increasing numbers of people in Ireland are, you should contact your lender and contact the Money Advice Budgeting Service (MABS).

You would also be well advised in consulting a solicitor and possibly the New Beginning group.

Here is a link to the Code of Conduct on Mortgage Arears:Code of Conduct on Mortgage Arrears 1 January 2011

Categories
Criminal Law Dublin

Questioning in Custody and the Right to Silence

Historically solicitors would advise clients in custody that there was not much to be gained by making a statement, either under caution or otherwise, when being questioned by the Gardai.

They would explain that the client could invoke the privilege against self-incrimination.

right-to-silence

However this position has changed somewhat in the last few decades.

There has been a growing body of legislation which makes this advice more problematic as under various pieces of legislation now on the statute books it may be an offence to fail to explain certain matters or adverse inferences may be drawn against the arrested person which may later be put to a judge or jury.

Criminal Justice Act, 1984

The Criminal Justice Act, 1984 contains a number of provisions which are designed to force the arrested person to provide information to the Gardai. This can have serious consequences when someone is arrested and detained for questioning and ensures that the arrested person has a decision to make in relation to what he/she might say when being questioned.

Section 15 of the Criminal Justice Act, 1984 makes it an offence for a person not to account for a firearm in his/her possession.

Secition 16 of the Criminal Justice Act, 1984 makes it an offence for an arrested person to fail to account for any stolen property in his possession.

Section 18 of the Criminal Justice Act, 1984 obliges a person to account for any object, substance or mark on him which the Garda suspects is because of the person’s participation in an offence and Section 19 obliges a person to explain his presence in a particular location.

right-to-silence-ireland

Both sections 18 and 19 can lead to adverse inferences being drawn against the arrested person by a judge or jury at the hearing or on preliminary examination. However a person cannot be convicted on the basis of inferences alone.

Section 18 and 19 of the Criminal Justice Act, 1984 have been amended by the Criminal Justice Act 2007 with similar consequences but the arrested person must be told by the Gardai about the effect of failing to answer questions and must be given the chance to consult with a solicitor.

The Criminal Justice Act 2007 provides additional safeguards for the arrested person; for example inferences can only be drawn there the interview has been recorded electronically.

Other acts such as the Criminal Justice (Drug Trafficking) Act 1997, the Offences against the State (Amendment) Act 1998, the Misuse of Drugs Act 1977 and 1984 and the Criminal Justice (Forensic Evidence) Act, 1990 all compel the arrested person to provide information or material.

In conclusion the old advice of “whatever you say, say nothing” may not be the best advice in all circumstances and if you find yourself in this situation you should avail of your right to consult with a solicitor.

Categories
Employment Law

Unfair Dismissals Cases-4 Key Factors for Employers

Unfair dismissal cases are common and potentially costly for employers. unfair-dismissals-ireland

The outcomes from these cases, which can be brought to a Rights Commissioner or directly to the Employment Appeals Tribunal (EAT), include

  • Compensation (up to 104 weeks’ salary)
  • Reinstatement
  • Reengagement.

There are a number of key areas about which the EAT and Rights Commissioners are concerned and which can be critical factors in the ultimate decision. Here are four such factors:

  • Procedural fairness

Both the Employment Appeals Tribunal and the Rights Commissioner service are very anxious to see that the dismissed employee received procedural fairness leading up to the decision to dismiss.

What may appear to be fair to an employer may not be seen to be so by the EAT and the principles of natural justice should permeate every step of the procedure with the employee knowing what the charge/complaint against him/her is and the opportunity (with representation) to meet the charge.

  • Alternative sanctions

The EAT and Rights Commissioners will also be influenced by whether the employer seriously considered alternative sanctions and penalties to outright dismissal. An employee may well argue that alternative penalties should have been imposed and that the dismissal was disproportionate to the alleged “offence”.

unfair-dismissals-ireland1

  • Opportunity to improve

Regular monitoring of an employee’s performance is important as is the opportunity for the employee to improve performance, particularly where the employer is claiming that poor performance or incompetence are the reasons for dismissal.

The tests to be used in dismissal cases as a result of alleged incompetence or poor performance are twofold:

i)       Has the employer a genuine and honest belief in the incompetence of the employee and

ii)     Is this belief reasonable and has the employer grounds for it?

The employee should be given plenty of opportunity to improve performance.

  • Representation at disciplinary hearing

The employee should be advised that he/she is entitled to representation at any disciplinary hearing and entitled to defend the charges against him/her.

 

In summary employers must be aware that

  • Substantial grounds must exist for the termination of employment and
  • Fair procedures must be followed pretty strictly.
Categories
Employment Law

The Contract of Employment in Irish Law

The contract of employment in Ireland is made up of both express terms and implied terms with the Terms of Employment (Information) Act, 1994 stipulating that certain basic information must be given to the employee in writing.

It is vital that as an employer or employee that you take legal advice as to the various aspects of your employment contract.

contract-of-employment

This includes the names and addresses of both employer and employee, the place of work, the title of the job, pay, any terms relating to sick pay, periods of notice and many other basic details.

 

Implied Terms

 

In every contract of employment, written or otherwise, there are 4 categories of implied terms which fall under the headings of

a) terms implied by custom/practice(depending on the industry)

b) terms implied by statute (right to redundancy, right not to be unfairly dismissed)

c) terms implied by law (employers duty of care and employees duty of trust and confidence)

d) collective agreements in unionized employment.

 

Express Terms of Employment

 

The express terms of employment set out below is a pretty extensive list but it should provide a decent check list of what should be included in a contract of employment and be contained in writing in the contract.

1. Who-the employer and employee

2. When-when does employment start

3. What-what is the job role

4. Hours-hours of work?

5. Where-the workplace

6. Is there a period of probation? For how long?

7. Pay-the salary package

8. Holidays-what is the position re holidays and is there extra days over and above those set down by statute in the Organization of Working Time Act,1997

9. Sick pay-what is the situation re sick pay

10. Retirement age

11. Pension

12. Disciplinary and grievance procedure

13. Any restrictions re competition and setting up against the employer in the future using trade secrets/contacts

14. Notice re termination of employment

15. Email and internet use

employment-contract

This list is not exhaustive but should give a good basis for both employer and employee when it comes to negotiating an employment contract.

If you need any assistance with drafting a contract of employment or advice before signing one solicitors Dublin would be happy t assist.