In What Situations Can An Employer Take Legal Action Against An Employee In Ireland

 

While most of the Employment Law cases come across employees needing to take a legal step against their employer that may be either for redundancy payment or health and safety issues, company ethics or equality issues etc., there are some moments when employers too face breach of a term from an employee. Client poaching, unethical conduct, or misuse of workplace data and equipment - there are many instances of this. Even though it is less talked about, there are ample codes in the Irish Employment Law that rules against employees. And that’s what we are going to talk about here. 

 

 

Employers’ Right to Sue Employees

Because of the rarity of it, it is radically harder for an employer to sue an employee in general,  than how it is for an employee. But there are certain extremities that make it easier for an employer to win a case, based on the presentation of causes of action against an existing or former employee. You can seek the guidance of solicitors to have a clear understanding of the criteria. Solicitors in Cork city and other metro cities in Ireland stratify the following as the most common cases in the region.

 

●     Theft and/or Destruction of Property

 

While stealing money or any other valuables from the workplace is certainly a criminal offence that employers can take legal action for, but apart from that, the employer may sue an employee for destruction or illegal occupation of a property. For example, if the company have provided an employee with an office or accommodation, and that employee resigns or gets terminated for legit reasons, and then start a fight over severance pay being less than their expectation - despite it being aligned with company policy that the employee signed up at the time of recruitment. The holding back of the property is considered theft and hammering the employers to compensate full payment is considered harassment  - both of which are downright illegal in Ireland. In such cases, the employer may file a suit against the employee.

 

●     Trading Confidential Data

 

Speaking of theft, it is not a one-dimensional offence in Employment Law. For it can’t be just about embezzlement of money or valuable equipment. It can also be about Trading the company’s data, either as an existing or ex-employee. Client database, project documents, past or upcoming project information - all these actions are illegitimate, and considered trade secret that an existing or ex-employee are entitled to keep confidential and safe for all time. Breach of this trust is eligible for litigation.

 

●     Violation of No-Raid Clauses

 

In almost all industries it is common thing for an employee to leave a company to join a competing firm. Usually, these companies offer an incentive to employees for recommending new successful recruits. So if the employee is nabbed to have persuaded or solicited their team members to follow their footsteps and join a competitor’s company in a group or one by one, it might be a violation of law, if the employment contract had a “no-raid clause” - that categorically prohibits current or ex-employees from persuading their co-workers to resign at the existing office and seek employment at the competing firm.

 

Employment LawSolicitor For Employers - What You Need And Whom To Appoint

 

To represent an employment law case for employers - the steps to sue an employee may be complex for an employer since generally most of the data and advice go out to aid employees to act against an unfair boss or organisation!

 

The first step would be to seek the guidance of a solicitor. In Ireland, family law solicitors and deed poll solicitors equally practice Employment Law. So don’t be confused by the terminology. Go for an internet search and check out the websites of solicitors to make your judgement. If you are already working with a business solicitor, maybe even they can help.

 

Understand, that time is very important when you have sustained misconduct by an ex-employee (or existing one), and you have to act fast. Sometimes, you are only suspecting someone, and all evidence still points out at one person, who may or may not be innocent! It is noble to feel hesitant to take a step when you are not sure. But speaking to a solicitor will cause no harm, and they can give you the kind of business counselling that you need at the moment. With better information and insight you may feel more confident to confront the person you are suspecting. And find further direction in the cause.

 

5 Traits to Look out for in your Chosen Family Law Solicitor in Cork

 

It takes immense research and a meticulous look through referrals to come across a legal representative from a panel of family law solicitors in Cork. After all, you are seeking the best to fight the legal battle for the success of your family members in the courtroom. To save you the troubles, we have collated a few traits that make for a great lawyer. Just tally the traits of your chosen attorney with the list here to finalise the finest for your case. 

 

1. Specialisation

It’s always recommended for all to invest in a lawyer who has specialisation in cases dealing with family law issues such as guardianship, divorce, separation, access rights and maintenance. That’s because such lawyers are aware of the ins and outs of the industry. They know what steps are going to benefit their clientele and what’s going to doom them. So, they take steps accordingly. However, simply shortlisting one based on specialisation won’t be enough. Look through reviews to find out the attorney’s success rates in legal arenas. And if you find your chosen lawyer fulfils both, move over to the next criterion.

2. Personality, work and ethics

The moment you find potential solicitors in Cork city, arrange a meeting with each one of them. It’s a great chance to assess their personality traits. Check for a good listener in them, who would value your opinions and with whom you would develop a decent understanding. Good bonding is essential as it smoothens the legal process through transparency. Also, it encourages the plaintiff to question their past experiences in resolving similar cases. Lastly, enquire about the legal fees charged by them. If you find your shortlisted lawyer fulfilling each of the conditions above, then you are moving in the right direction.

3. Industry experience

Another equally important trait to look out for is experience. A lawyer who has experience in cases like yours with a record of winning quite a few is undoubtedly a true professional. Moreover, someone with prior experience can intimate you about the probable possibilities and help you keep your hopes high.

4. Trustworthiness and communication skills

It’s important to assess the integrity of your attorney. Otherwise, you and your family might fall into the traps of a scam. Again, the lawyer must be truthful about the ups and downs of your case so that both of you can assess the ways out if anything goes out of track.

Another vital aspect is to look for honesty in your chosen lawyer. If you can ensure the same, you can rest assured that your chosen one will never disclose anything of your case to outsiders. Moreover, it’s illegal to leak a client’s credentials to a third party.

Besides, check for eloquence in your shortlisted lawyer. The said characteristics shall ensure a strong presence of them in the courtroom. The same trait also determines their persuasion skill and their ability to vouch for your case.

5. Preparedness

Familylaw solicitors in Cork are many but only a few are organised enough to prioritise effectively. The right ones shall have strategies in mind that will save you from uncertain situations and help you win the case.

Ending thoughts:

If you can come across a law firm or a solicitor who ticks all the five traits, then go for that professional. Someone who respects you, acts professionally, never loses patience and shows diligence is hard to find nowadays. Breen Walsh in Cork works with similar such solicitors just in case you are seeking a recommendation.

Family Law In Ireland During COVID-19

 

In a recent article published by Citizen Information, there is a wide set of guidelines owing to the concerns of Family Law Ireland, during the period of the 5-level plan for living with COVID-19. Family Law concerns, including guardianship, access rights and maintenance and even domestic abuse are covered in the article. Here’s a closer look into the matters. 

 

New Reforms Made To Support Irish Family Law During The 5-Level Plan Of Living With COVID-19

 

The restrictions of Level 5 - in the Plan Of Living with COVID-19 have been extended till the 5th of April 2021. Owing to Family Law cases, the district court has been entitled to move forward during this phase by prioritising the most urgent cases - such as the ones concerning domestic abuse and child care. Whilst cases that are not deemed as urgent or crucial as such, are most likely to be postponed or recommended for a Family Mediation Service. Many family law solicitors in Cork, Dublin, and other metro cities are also offering online consultations. Given this guideline for now, here are some reforms that can aid the Family Legal matters during the period of COVID-19 lockdowns.

 

Family Mediation

 

The first reform is the Online Family Mediation Service - which is meant to help those couples who have already taken the decision to go for legal separation or divorce. It applies to both married and unmarried couples, including couples of the same sex. The Family Mediation Service is carried out free of cost, by the Legal Aid Board, and conducted under board-recognised professional mediators. Online mediation is available as well as face-to-face sessions, that are conducted through the service offices of the national network of family law across Ireland.

 

The idea is to help couples negotiate the terms and come to a mutually respected settlement - which, unlike Relationship Counselling, is not aimed to fix the relationship, but address the best interests and needs of each member of a separating couple, and those who are also parents. 

Whilst the courts are going for limited dates during level 5, mediation is the next best alternative to negotiate an agreement. The mediator may charge an hourly rate or flat rate.

Domestic Abuse During COVID-19 And Family Law in Ireland

 

Whilst the COVID-19 oriented lockdowns have brought families and loved ones closer, on other hand, it has also raised concerns for domestic abuse. According to the newspaper Irish Times, approximately 2,000 women and over 400 children sought support for domestic violence within the first 6months of COVID-19. The Gardai has especially tended to the matter with specially trained actions. The Phone Lines of the numbers 112 and 999 have been put in place for immediate action to calls. While these things are not new, but throughout the lockdowns, the cases are being prioritised over other cases of Family Law.

 

Moreover, the victims of Domestic Abuse that are referred by the Child and Family Agency Tusla, the HSE and An Garda Síochána can get immediate access to Rent Supplement. And during the phase of the lockdowns and level-5, the means-test will not apply for Rent Supplement. This is temporary though, and the next reform is to be declared after level 5 have been completed. Which is, possibly after 5 April 2021.

 

Single Parenthood, Child Maintenance and Guardianship During COVID-19 In Ireland

 

Due to the increased cases of loss of jobs and pay cuts during the pandemic, many parents, fathers especially have been unable to carry on with child maintenance. In such cases, for single mothers and lone parents who are suffering to make ends meet without receiving subsequent child maintenance, some aid will be there. The COVID-19 Emergency Payment is being offered by the Irish Government to Lone Parents receiving any social welfare payment such as One Parent Family Pay or Working Family Pay or Carer’s Payment, wherein they can get an increase in the amount. If a lone parent has lost their job because of the COVID-19 recession, they can also seek the COVID-19 Payment Unemployment Payment.

 

Support Bubbles have been allowed for specific cases of child custody and access to the child. Wherein two households can share access. But this does not apply to all families. Only those parents that live alone with children under 18 or those parents who share child custody but don’t live with the children may use the support bubble to visit another household to facilitate access.