Publications

The primary objectives of the team are to ensure that clients have robust employment policies and procedures in place to assist in the efficient day to day running of business; and to protect clients interests should measures fail and decisions have to be defended in court.

Employment law is continually changing and with this brings increasing challenges for today’s people managers. Legislation relating to data protection, information and consultation, protective leave, minimum wage and redundancy payments are only examples of some of the recent legislation over the last few years. With over eleven lawyers dedicated to the employment law and benefits unit, employers can be sure that Mason Hayes & Curran has the knowledge and expertise to advise on best practice and all the latest changes in employment law.

The unit is frequently involved in employment litigation including unfair dismissal, redundancy and other claims before Rights Commissioners, the Equality Tribunal and Employment Appeal Tribunal. The team also represents clients in the Civil Courts in relation to wrongful dismissal cases, actions arising from bullying and harassment and injunction applications to restrain dismissal.

Employment Law Audit

By conducting an employment law audit and by working closely with clients we have the methodologies in place to develop a benchmark to work from to ensure that all identified risks are addressed and minimised. Our clients find the legal audit a useful process to take stock of current employment practices and as a starting point from which to develop best practice employment policies and procedures.

Best Practice Employment Policies and Procedures

With so many changes to the law, the potential pitfalls for an employer are increasing day by day. This can often create a burden for people managers who may have conflicting priorities and may be unable to stay in touch with all of the recent changes in the law. By working with and advising on legislation on a daily basis, the employment law unit has the expertise to provide clients with up to date advice at all times.

Ongoing Employment Law Advice

A large part of the team's role involves advising employers on how to be pro-active in anticipating employment law problems, implementing new legislation and how to manage difficult employees. To this end we frequently organise in-house seminars and training programmes to educate clients in respect of employment law, developments in the law and its day to day application.

Dispute resolution

Whilst disputes invariably happen, we find that by understanding our clients’ business and by entering into dialogue at an early stage that disputes can often be resolved without resorting to legal proceedings. This can lead to a sense of satisfaction for all concerned, minimising costs for clients and reducing any adverse publicity that may result from the legal process.

Litigation

When all other avenues have failed sometimes it is necessary to resort to legal proceedings to resolve a particular issue. As one of Ireland's leading litigation practices you can be assured that we have the expertise to represent your best interests at all times.

A distinguishing feature of MH & C’s employment law team is that all of the team’s lawyers practice both non-contentious and contentious employment law. By being involved in all aspects of the employment relationship, from drafting the disciplinary procedure, through advising on disciplinary action, to ultimately defending an unfair dismissal action, gives our lawyers a well rounded and commercial view of the everyday issues faced by employers.

Corporate Support

The employment law team regularly provides support to the firm’s corporate team in transactional mergers and acquisitions. Often this involves in depth due diligence exercises, compliance reviews, employee consultation exercises, employee-related indemnities and warranties and advising on the applicability of TUPE regulations. The TUPE regulations also feature quite heavily in the team’s advice on corporate restructurings and outsourcings.

Conclusion

Faced with the challenges of the ever-changing employment law landscape, the rigours of day-to-day business and an increasingly litigious workforce, clients welcome our proactive, results-orientated approach to employment law matters.

By working closely with our clients from the beginning, we aim to minimise the risks and develop best practice employment procedures. Should all other attempts fail, however, and legal proceedings are issued, you can be assured that we are experienced in representing our clients on all contentious aspects of employment law.

Should you wish to discuss any aspect of the employment law unit please do not hesitate to contact us.