Irish lawyer tells of little known laws that can see awards of €40,000 if broken

16/12/2021 20:45:00

Richard Grogan, a specialist in providing legal services in Employment Law & Personal Injury Litigation, told the Irish Mirror of some of the most common misconceptions people have when it comes to knowing their employment rights

Employment, Equal Employment Opportunity Commission

Richard Grogan, a specialist in providing legal services in Employment Law & Personal Injury Litigation, told the Irish Mirror of some of the most common misconceptions people have when it comes to knowing their employment rights. GroganRichard

Richard Grogan, a specialist in providing legal services in Employment Law & Personal Injury Litigation, told the Irish Mirror of some of the most common misconceptions people have when it comes to knowing their employment rights

RedundancyRichard said redundancy is something he is frequently asked about.Maternity leaveRichard said he has had a lot of these cases, with the most recent being awarded the highest payout possible.The expert said he had seen an increase in the number of cases where women have returned to work, but their job description has changed.

Richard pointed out that if action is not taken within six months of this occurring, there may be nothing the court of law can do.Another issue that can arise is a change in an employee’s salary. It is illegal for an employer to change your pay rate without your written consent.

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A top Irish lawyer has revealed the little known Irish employment laws that could see you be awarded thousands in compensation from the Workplace Relations Commission (WRC) if your claim is successful.Legislation guaranteeing the linguistic rights of Irish speakers, including a requirement that obliges the State to correctly record names in Irish, has passed the final stage of the legislative process before becoming law.Image: Alamy Stock Photo Image: Alamy Stock Photo THE IRISH ECONOMY is set to have grown by 13."I don't think we are and I think that we have a chance to get on the front foot and we need to take that chance.

. From redundancy to maternity leave and annual leave, many people can be misled by their employer as they are unaware of what they are entitled to under the Workplace Relations Act 2015. The Bill, which is an update to the Official Languages Act 2003, contains a series of provisions aimed at strengthening the rights of Irish speakers when interacting with the State. Redundancy Redundancy occurs when an employee's position ceases to exist and is not replaced.6%, largely as a result of both multinational activities and strong export figures. Any employee aged 16 or over with 104 weeks' continuous service with an employer is entitled to a statutory redundancy payment in this situation. The most significant provision under the updated legislation will see an increase in the number of staff employed by public bodies who are proficient in Irish. Richard said redundancy is something he is frequently asked about. READ MORE "That's going to increase next week, that could be up to 50 to 60% next week and we have the biggest cohort of unvaccinated people i.

He said: “I suppose the selection for redundancy is a very big one. Another measure states services will be provided through Irish in the Gaeltacht, and although no deadlines have been mentioned for this measure it is intended public offices in Gaeltacht areas will operate through the medium of Irish . Ireland’s domestic economy, measured in modified domestic demand (MDD), is set to grow by 6. “What’s happening is people are being selected on their performance rather than on their job. So redundancy, you have to select the job, not the individual. Online computer forms often reject the correct spelling of names and addresses, leaving citizens unable to register their details in the correct spelling.” Maternity leave In relation to redundancy, Richard said he has had clients come to him after they were made redundant while on maternity leave. “The reopening of the economy through 2021 has led to a sharp rebound in the domestic economy, as households have increased spending,” said O’Toole. He said: “The other one is which relates to redundancy as well a bit is those who are on maternity leave being made redundant which is a complete no, no unless it is a collective redundancy but generally speaking you cannot make a pregnant woman redundant. Another measure will require that at least 20 per cent of any advertising placed by a public body in any year shall be in the Irish language, and at least 5 per cent shall be placed in Irish language media." Advertisement Byrne then questioned whether Loscher was advising parents to take their children out of school from Friday.

” Richard said he has had a lot of these cases, with the most recent being awarded the highest payout possible. He said: “The last one that we had there was an award of 40,000 from the WRC. When text appears in both languages, the part of the text that is in Irish will appear before the part of the text that is in English and it will not be in a smaller font, or less prominent, visible or legible than the part that is in English. However, the institute has said that a return to stringent public health restrictions remains a risk for 2022, particularly due to the increasing prevalence of the Omicron variant in Ireland. That was the maximum compensation that the adjudicator officer believed they could award.” Women returning to work after maternity leave may also encounter breaches of employment law. The committee will be tasked with advising public bodies on the provision of services through Irish, and will provide advice on the number and grade of staff who required to do so. The expert said he had seen an increase in the number of cases where women have returned to work, but their job description has changed.” The ESRI has also raised concerns around the continued uncertainty of the Northern Ireland Protocol, and the ongoing negotiations between the UK and the EU.

Richard said: “The other one again that's coming up in relation to women is women being allowed to return to work after the maternity leave finished to the same job, which was always an issue in a sense that we would have some but it has become nearly an endemic since the pandemic started. State record The Official Languages Act was signed into law in July 2003 after being introduced by the-then minister for community, rural and gaeltacht affairs Éamon Ó Cuív. He added: “They go out on maternity and they come back, and they find that they're down in a lower job or a lot of their responsibilities have been taken away, and they’ve been sidelined.” Richard pointed out that if action is not taken within six months of this occurring, there may be nothing the court of law can do. The act was largely welcomed by the Irish language community, but an absence of sanctions led to the widespread failure of State agencies to fully meet the provisions outlined in the legislation. Currently, the ESRI is forecasting that price increases due to inflation are likely to be higher than expected next year. He said: “Some of the employers can be quite smart and do nothing for six months because then the time limit runs out, and then they start the redundancy process.” Changes to pay Another issue that can arise is a change in an employee’s salary. The absence of staff with competence in both official languages across the civil service was cited by Mr Ó Cuirreáin as one of the main obstacles to the delivery of services in Irish.

It is illegal for an employer to change your pay rate without your written consent. Today I will attend the #EuroSummit with all EU leaders & ECB President @Lagarde. Richard said: “People having their pay rates changed without their consent. A debate on reviewing the Official Languages Act had already begun at that stage, but the intervening years saw little improvement in the provision of public services in Irish. You can't do that. The employees written consent is required for any change in their terms and conditions of employment. The force was found to be in breach of a statutory commitment made under the Official Languages Act, which requires members of the force stationed in Gaeltacht areas to have the necessary qualifications in Irish. This recovery is 4 times faster than the financial crisis'.” He added: “ A company saying we’re in financial difficulties, so we’re going to cut everyone's salaries by 20%, well that’s illegal.

“It's fine if the employer says we’re in financial difficulties, and the choice here is either accept a 20% pay cut, or we have to lay people off. Until 2005 those joining the Garda had to have some proficiency in Irish, and this week’s decision means a requirement for prospective recruits to be proficient in either one of the State’s two official languages, Irish or English, will now no longer apply. Then it’s a question of putting a signature on a piece of paper, but you have to have the employees signature on it.com/GaDOpthSrz — Paschal Donohoe (@Paschald) December 16, 2021 Donohoe added that pre-pandemic employment levels are being restored far quicker than during the financial crisis, saying that this will “minimise risks related to long-term economic scarring”.” How to make a claim Most unsuccessful claims are due to the employee not following the correct grievance process. Topics:. To avoid this, Richard outlined how to resolve an employment issue. He said: “First of all, never resign, never ever resign without getting legal advice.” Advertisement.

It's virtually the guaranteed way of making sure that your destructive dismissal case is going to be lost. “The second thing is you must go through the grievance process even if you think it’s a complete waste of time. “The third thing is you have to give the employer an opportunity to rectify matters. “And there is a fourth one. Just because you think you’ve been treated badly, the question is will a court take the same view.

” He added: “The number of cases that are won where the person hasn’t gone through the grievance process is about 1% of wins.” .