Formulation of internal policies and advising on Sexual Harassment at Work;
Discrimination in the Workplace;
Safety & Health at Work; and
Disciplinary Rules, Procedures & Termination of Employment.
Drafting and preparation of
Contracts of Employment;
and Consultancy Agreements.
Unfair Dismissal complaints;
and Discrimination complaints.
An employee is dismissed by his employer where
The ERA treats the following reasons as “unfair” reasons for an employer to dismiss an employee:
(a) the race, colour, gender, age, marital status, religion, political opinion or
affiliation, national extraction, social origin or indigenous origin of the
employee; or
(b) the responsibility of the employee for the care and welfare of a child or a
dependent family member with a disability under the immediate control of
the employee, being a responsibility associated with an emergency affecting
the child or dependent family member with the disability.
The Employment Rights Act, 2012 cites the following reasons as potentially “fair” for an employer to dismiss an employee:
Yes. An employer shall, on the request of an employee, provide the employee with written particulars of the reasons for his dismissal where
If an employer fails to do so, he may make a complaint to the Tribunal. Where the Tribunal finds that the reasons given are inadequate or untrue, the Tribunal shall make
The Employment Rights Tribunal shall not consider such a complaint unless it is made to the Tribunal before the end of three (3) months beginning with the effective date of termination, or within such further period as the Tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of three (3) months.
Anyone who has been continuously employed for a period of not less than one year ending with the effective date of termination.
The period of continuous employment of an employee shall begin from and include the first day on which he begins to work for an employer, including any probationary period, and shall continue up to and include the date of termination of his employment.
Self-employed individuals working under a contract for services, sometimes referred to as a contract of engagement, as independent contractors are not eligible to file an Unfair Dismissal complaint. The Employment Rights Act, 2012 applies to employees only.
Provided the employment was with the same employer, it shall be presumed that such employment was continuous, whether or not the employee remains in the same job throughout the employment.
Once the short-term contracts were granted to the employee in succession at intervals of less than 42 days, then this will count when calculating the employee's period of continuous employment.
Provided the employee's employment is not expressly terminated by the previous employer, or he is not paid a severance payment in connection with such transfer, and the new employer employs the employee for the purposes of the business, then the employee's employment beginning on the date of the transfer shall be deemed to be continuous with his employment with the previous employer immediately before that date, and the two periods of employment shall be deemed to be a single period of continuous employment with the new employer.
Where the Employment Rights Tribunal finds that a complaint for unfair dismissal under the Employment Rights Act, 2012 is well founded, the Tribunal may make an order for
The foregoing remedies are awarded at the discretion of the Tribunal and are looked at sequentially commencing with an order for reinstatement, followed by an order for re-engagement, and concluding with an order for an award of compensation.
The Tribunal in exercising its discretion shall first determine whether to make an order for the reinstatement of the employee and, where the Tribunal determines that it is not appropriate to make such an order, the Tribunal shall determine whether to make an order for his re-engagement.
In determining whether to make an order for the reinstatement of the employee or for his re-engagement and, if the latter, on what terms, the Tribunal shall take into account
Where neither an order for the reinstatement of an employee nor for his re-engagement is made, the Tribunal shall make an award of compensation for unfair dismissal to be paid by the employer to the employee.
The Employment Rights Tribunal shall not consider a complaint unless it is made to the Tribunal before the end of three (3) months beginning with the effective date of termination, or within such further period as the Tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of three (3) months.
No prosecution for any offence under the ERA shall be instituted after the expiration of one (1) year from the date of the commission of the offence.
Visit the office of the Chief Labour Officer and make an oral complaint regarding the dismissal, providing copies of your former Employment contract, a recent pay slip, the letter of Termination or notice of non-renewal of Employment contract.
The Employment (Prevention of Discrimination) Act, 2020 defines discrimination as occurring in either of the following scenarios:
The grounds for discrimination under the Employment (Prevention of Discrimination) Act, 2020 are:
Yes, a prospective employee is protected against discrimination under the Act. An employer shall not discriminate against a person
No. The Act is to protect persons from discrimination related to employment only. The Act does not apply where the employment is not connected with a business of the employer.
No. The Act only gives rise to rights for an employee or a prospective employee. Even if the employee is a client or customer of the business, the right can only stem from that individual's capacity as an employee.
Where the Employment Rights Tribunal finds that a complaint for discrimination is well founded, the Tribunal
- pay compensation to the complainant;
- make such adjustment for the complainant as may be reasonable in the
circumstances;
- make available to the complainant, specific opportunities and privileges unfairly
denied to the complainant;
- implement such policies or measures as the Tribunal may order to eliminate
discrimination or terminate any policies or measures that facilitate
discrimination;
- undertake counselling or training designed to eliminate discrimination;
- provide to the Tribunal such reports as the Tribunal may require regarding the
implementation by the respondent of the order of the Tribunal; and
A person who alleges that he has been discriminated against under the Act may, within three months of the date of the occurrence of the discrimination, make a written complaint to the Employment Rights Tribunal.
Where the Tribunal is satisfied that it was not reasonably practicable for a complaint to be presented within that three-month period, the Tribunal may hear and determine the complaint within such further period as the Tribunal considers reasonable in the circumstances.
No employer shall carry out any action which adversely affects the opportunities and terms and conditions of service of an employee who has made a complaint for discrimination.
Additionally, no person shall subject or threaten to subject another person to any detriment on the ground that the other person has made or proposes to make a complaint for discrimination.
A person who contravenes the foregoing is guilty of an offence and is liable on summary conviction to a fine of $20,000.00 or to imprisonment for two years or both.
No employer shall carry out any action which adversely affects the opportunities and terms and conditions of service of an employee who has
No person shall subject or threaten to subject another person to any detriment on the ground that the other person has
A person who contravenes any of the foregoing is guilty of an offence and is liable on summary conviction to a fine of $20,000.00 or to imprisonment for two years or both.
No, but a written contract of employment safeguards both employer and employee in the future in the event there is any dispute over the terms and conditions of the employee's employment.
A contract of employment relates to employees and a contract of engagement concerns independent contractors.
Whether a contract gives rise to employment or engagement cannot be determined by looking at the label alone. The courts have identified several contracts which carried the label of "Contract for Services," or "Contract of Engagement," or which used terms, such as, "independent contractor" or "Consultant" to be in substance contracts of employment. Whether a contract is one or the other must be assessed by analysing the terms and conditions of the contract and looking at them as a whole.
In determining whether a contract of employment exists, consideration shall be given to whether:
The foregoing list is non-exhaustive, and the factors outlined are all elements in a balancing exercise to determine the nature of the contract. No one factor is, therefore, by itself conclusive.
In determining whether a contract of engagement or a contract for services exists, it will be to assess whether the majority or all of the foregoing elements are absent and if there are, then it is more likely to be a contract for services.
However, whether an agreement is a contract of employment or a contract of engagement is a matter for adjudication.