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Terry Gorry
211 followers -
Irish Solicitors. We Try Harder...because we're smaller. We can't afford not to be nice...or professional.
Irish Solicitors. We Try Harder...because we're smaller. We can't afford not to be nice...or professional.

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Strong protection for protected disclosures in Ireland now
The Protected Disclosures Act, 2014-What Employers and Employees Need to Know About Whistleblowing
The Protected Disclosures Act 2014 came into law in July of 2014.
The Act provides protection to “workers” against dismissal for having made a protected disclosure. (A “worker” includes employees (public and private sector), contractors, trainees, agency staff, former employees and interns and members of an Garda Siochana).
The Act also provides other protections to employees such as immunity from civil liability and a right of action in tort against anyone who causes him detriment as a result of making the protected disclosure.
The principal parts of the act are Part 2 which deals with protected disclosures to various persons and Part 3 which deals with the protections afforded to the employee.
A protected disclosure involves the disclosure of information by a worker which he believes shows “relevant wrongdoing” and which came to his attention through his employment. The motivation of the employee in making the disclosure is irrelevant.

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Eventually, you run our of other people's money

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Employers: get this 1 thing right and you will reduce the chances of successful claims against you
Employers: Here’s the 1 Thing You Need to Get Right for Your Employees
Are you an employer?

If you are there are many ways you can fall foul of employment legislation in Ireland.

Because there is a huge body of law covering the employment relationship, including common law, statute/legislation, regulations/directives emanating from Europe.

If I was asked what was the one thing you should do to protect yourself as an employer, my advice would be: give your employees a sound, well drafted, legally compliant contract of employment.

Let me explain: the employment relationship is based on contract.

Sure-there is plenty of legislation stipulating the minimum entitlements for employment related issues such as rest periods, holidays, payment of wages, all types of leave such as maternity leave, notice periods, part time employees’ rights, and so on.

But at the end of the day if your contract of employment is sound and drafted for your particular employment, your particular circumstances, you will avoid a lot of stress and heartache.

And most importantly you will greatly reduce the chances of success of a claim against you.

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Shane Ross a cheerleader for socialism?
Pass the sick bucket.

From campaigning for the abolition of stamp duty from the pages of the Sun. Indep. during the Celtic Tiger years to welcoming Irish Nationwide results in the Dail as a "sparkling little set of results" to now being a champion of the working man/woman to socialism.

What astounding, eye-watering dishonesty.

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Constructive Dismissal-The Burden of Proof on the Employee is a Heavy One
Can we be honest?

Constructive dismissal cases are difficult to win because the burden of proof is on the employee to prove that she had no other option but to resign due to the unreasonableness of the employer.

The January, 2013 decision of the Employment Appeals Tribunal in the case of Daniel O’Gorman v Glen Tyre Company Limited illustrates this.

In this case Mr. O’Gorman was a mechanic who had gone on sick leave in May, 2010 and did not return to work. He resigned from his position in September, 2010.

Mr. O’Gorman brought a case for constructive dismissal.

Decision of EAT

The Employment Appeals Tribunal in its decision referred to the burden of proof on the employee as being a ‘very high one’. It held that the employee must prove that his resignation was not voluntary.

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Constructive Dismissal-The Burden of Proof on the Employee is a Heavy One
Can we be honest?

Constructive dismissal cases are difficult to win because the burden of proof is on the employee to prove that she had no other option but to resign due to the unreasonableness of the employer.

The January, 2013 decision of the Employment Appeals Tribunal in the case of Daniel O’Gorman v Glen Tyre Company Limited illustrates this.

In this case Mr. O’Gorman was a mechanic who had gone on sick leave in May, 2010 and did not return to work. He resigned from his position in September, 2010.

Mr. O’Gorman brought a case for constructive dismissal.

Decision of EAT

The Employment Appeals Tribunal in its decision referred to the burden of proof on the employee as being a ‘very high one’. It held that the employee must prove that his resignation was not voluntary.

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Are you a small or medium sized employer?
*HR/Employment Law Services for Small and Medium Employers

Avoid stress and reduce costly claims*
Are you an employer?

Are you looking to reduce the chances of successful claims against you?

My employment law/HR service can help you.

Defending claims at the EAT or in Court is expensive and time consuming.
My service allows you to take the stress out of your HR because it offers

-peace of mind
-protection against costly claims by employees
-more time for you to spend on your business
-saves your money and time.
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