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7 Most Common Employment Claims in Irish Employment Law - YouTube
Channel: Terry Gorry Solicitor
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okay in this video I'm going to take a
look at seven most common claims against
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employers so if you're an employer then
you will or should be interested in
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these seven claimants which I'm going to
take a look at right after this
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okay first came the first biggest source
of claim would be an unfair essential
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claim the unfair dismissal Act of 1977
provides for unfair dismissal and for
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constructive businesses which is also an
unfair dismissal frame constructive
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dismissal is where the employee leaves
the job and they have done so because of
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what they claim is the intolerable
behavior or conduct of the employer
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under the employer no longer feels bound
by the conflict of employment and in
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those circumstances the employee leaves
the job resigns and brings a claim on
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the honor the unfairness letters like
1977 the maximum the amount can be
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awarded under the unfair sources like
1977 is two years salary that however is
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very unlikely it would be very very rare
in fact I don't know of any such cases
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generally the employees entitled to
financial loss so he's not entitled or
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she's not entitled to loss for
embarrassment or you know stress or in
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and suffering or anything of that nature
the employee is entitled to the
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financial loss so that essentially the
loss of earnings between when they are
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unfairly dismissed and when they start a
new job second big source of claims
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would be discrimination based claims
these may be in a respect of employment
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and in respect of the provision of goods
or services which the workplace
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relations commission can deal with but
in the employment context there are
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basically nine grounds of discrimination
these were include family status or
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civil status membership of the
travelling community race or origin or
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nationality disability religion and a
number of others but essentially there
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are nine so it's quite common for
somebody for an employee to bring it
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frame a discrimination based claim
and one of the nine grounds it does have
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to be though on one of the nine ground
the third area of which is a ripe area
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or ripe source of claims is under the
payment of wages Act 1991 I think is it
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is actually covers matters like
obviously payment of wages the provision
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of wage slips and the basic compliance
with the requirements of the payment of
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wages Act 1991 this is a ripe enough
source for claims by employees and you
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must remember that when an employee
brings a claim under one heading or one
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act he may well or she may well also
throw in a number of other claims and in
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the whole policy does the more bullet to
fire the likely more likely you are to
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hit the target so you as the employer
remember are the target the next source
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of claims to the workplace relations
equation and to formerly quality private
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Appeals Tribunal is under the
organization of working time Act 1997
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dislikes deals with respects with
holidays annual leave with breaks
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between working one day on the next and
the maximum number of hours that you can
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work in a particular week and so on and
so forth
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so the organization of work in turn acts
1997 can be quite technical and done in
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addition to the active service
regulations were brought in by way of
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statutory instrument which makes it
difficult very difficult for the
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employer to be entirely compliant so
it's easy not to fall to fall from a
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technical standpoint of the organization
of working tonight
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another ripe source of claims is under
the redundancy heading so a person might
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claim that they haven't got any
redundancy that might claim that they
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haven't got the correct amount of
redundancy or indeed that there was
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redundancy and recognized for their
benefit but they simply weren't paid so
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it is also another line of claims
arises where a person is made redundant
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but their claim is actually a sham
redundancy and in fact what it is is an
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unfair dismissal dressed up as
redundancy that's another source of
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claims against employer
another source of claims is the minimum
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terms of employment or the minimum
notice rather and obligations on the
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employer so in statute itself after a
certain period of time after thirteen
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weeks that a person entitled to at least
one weeks notice of termination of the
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employment and then the number of weeks
that are tied to two will increase in
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direct proportion to the number of years
that have actually been in the job so
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clearly somebody that's there over say
eight years or six years or something
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would be entitled to significantly more
in office so this is another claim that
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can be brought against the employer and
again it's one that's possibly thrown in
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along with other claims if an employee
goes to the trouble of bringing a claim
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against the employer to the workplace
solutions another very common source of
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claims is determines of Employment
Information Act it sets out the basic
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obligation on an employer to provide a
written statement of certain terms and
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conditions of employment to the employee
within two months of starting the job
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many employers for some strange reason
don't comply with this Act and it is
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very very simple same to bring and it is
a very very black-and-white claim if you
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end up at the workplace iterations
Commission because it's just obviously
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an easily provable fact as to whether
the employee was given a contract of
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employment within the term once or not
if not well then the employee is going
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to succeed there the seven main sources
of claim I am relying there on the
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report published by the Employment
Appeals Tribunal in respect of activity
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in 2012 they analyzed the claims that
came in and also I've had recent look
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there
and very very useful video series on the
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lost city websites dealing with
employment law dealing with the
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workplace relations commission and the
work of the workplace relations
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commission and the head and workplace
relations situation
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confirmed that the three most common
claims that they face now would be
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unfair dismissal discrimination on
payment of wages I hope you find this
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video useful if you do you might share
it or comment below or give it the
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thumbs up and you might be interested in
subscribing to my youtube channel my
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name is Terry Gauri I'm a solicitor and
field thanks for watching
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