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EmploymentCommon Employment Disputes And How To Navigate Them

September 17, 2020by Ronan Doherty0
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Conflict in a work environment is nothing new. When a group of people spend 7-9 hours working in the same room, issues are bound to emerge. Problems may also crop up between employers and employees. While they don’t always require legal assistance, you need a good solicitor if you are facing a serious issue with your employer.

Here are the four most common disputes over employment:

  1. Allegations of wrongful termination

Claiming wrongful termination is one of the most common disputes over employment. It is also among the most challenging cases to handle because it is often emotionally charged with the questions regarding an employee’s work ethic. Previously, in Ireland, an employer could terminate employment for no reason. However, the Unfair Dismissals Act requires justifiable grounds for the termination, thereby protecting employee interests. 

  1. Disputes over wage

This dispute arises when the employer is accused of paying below minimum wage (€10.10 per hour in Ireland) or refusing mandated paid leaves (4 weeks annually). Wage disputes can also include worker misclassification and not paying for overtime. 

  1. Claims on discrimination and harassment

Discrimination claims are yet another common dispute over employment. Ireland’s Employment Equality Act 1998-2015 outlaws discrimination and harassment in the workplace based on gender, civil status, sexual orientation, family status, race, age, disability, and religious belief. An employee can, therefore, file a lawsuit when faced with such harassment. 

  1. Issues on severance agreements

Some companies may ask former employees to sign certain agreements, including non-disclosure or no-compete agreements. Several clauses on the same can be unfair to the individual, leading to disputes.

How to Resolve Common Disputes Over Employment

  1. Approach the courts: Resolving common employment disputes is necessary for both employers and employees. You can settle such problems through legal court procedures or negotiations and arbitration. The former is a lengthy process that can take several years to resolve.
  2. Agreements and negotiations:  If both parties can arrive at a mutually beneficial agreement, it can help them get on with their lives. This channel of resolving common disputes over employment also requires legal assistance. Negotiation and arbitration are relatively brief, but you need a lawyer to argue on your behalf. In case these attempts fall through, the lawyers will approach the court to pursue the case further. Hiring the right solicitor will be the difference between getting favorable outcomes and losing the dispute.

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O’Reilly Doherty & Co Solicitors are a general solicitors practice located in Finglas Village having been established in the early 1980s.

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