Employment Law…Monday blues

We all have bad days at work sometimes but if you feel that you are being unfairly treated in work, bullied, or harassed or are being discriminated against for whatever reason we are here to help and offer you the support you need.

“For every minute you are angry you lose sixty seconds of happiness.” ― Ralph Waldo Emerson
Employment law cases can be very emotive, stressful and can make for a very uncomfortable and difficult environment which can consume and infiltrate your home and family life is left unresolved. It can be a confusing time, knock your self-confidence and leave you feeling vunerable, not knowing what to do.

“They always say time changes things, but you actually have to change them yourself.”
― Andy Warhol, The Philosophy of Andy Warhol

We are here and happy to help and assist and advise you of your rights and the obligations of your employer and help you bring about a successful outcome. Similarly we advise employers in relation to all employee related scenarios arising from absenteeism, employee performance, health and safety and the application of a fit for purpose and comprehensive grievance and bullying and harassment procedure mechanisms.

Feel free to give us a call on 064 6632516 to allow us to turn your working environment into a healthy, mutually beneficial and socially constructive environment.

“No one can make you feel inferior without your consent.”
― Eleanor Roosevelt, This is My Story

Such cases can range from unfair or constructive dismissal, bullying and harassment, to a failure to provide you with the statutory rest breaks, holidays or a contract of employment. Unless such issues are resolved quickly, effectively, and fairly, they fester and grow into much bigger problems, far harder to resolve. Working in an ongoing unhealthy or difficult environment, rarely improves and more often becomes worse leaving all parties involved worse off.

Employment law is a complex area governed by constantly evolving legislation. Feel free to contact us should you wish to discuss matters in greater detail.

We have a wide range of experience to resource from, including a straight forward application or appearance in the District Court right through to the appeals to the Supreme Court, and all in between, and further afield in European applications covering both private client and corporate clients. We have represented clients and have a proven success record in all aspects of litigation forums.

We listen to you, fully understand your issues, and use the length and breadth of our contacts in the law library to obtain the very best, experienced and up to date advice for your particular concern leading to the best possible outcome. We have a strong and respected reputation in litigation which we work hard to protect. We have a proven track record which we jealously preserve.

Litigation can range from an encroachment onto you lands, criminal law including drunken driving allegations, slip and trip, accident at work, road traffic accidents, and breakdown in business relations. We are happy to assist and guide you in all aspects of your issue of concern. Don’t delay, act today, and give us a call on 064 6632516.

While we have extensive experience in all areas of litigation from employment family and all other relevant areas we have a distinguished and proven track record in personal injury and medical negligence practice and promptly and aggressively agitate our clients’ case through to the PIAB process and onto the Court process leading to a successful conclusion. Personal injury cases and medical negligence is a substantial part of our business and we try and assist our clients as soon as we can. Even a relatively minor injury can have serious and lasting consequences leading to ongoing losses even into the future. We understand that serious injuries as a result of an accident can have traumatic, catastrophic and significant impact on you and your family’s and loved ones’ lives and your ability to provide for you and your family in to the future and your future earning potential. We work hard to ensure to the best possible outcome for you and your family.

At Terence F Casey & Co., we provide a prompt, professional and dedicated legal advice and guidance in making a personal injury claim whether it is as a result of a road traffic accident, accident, slip and trip, injury at work or indeed in a public place or any such type of accident. We acknowledge and fully appreciate the medical implications and consequences of personal and occupational injuries and are always on hand to guide you successfully through this at times complex.

We firstly seek to fully understand the full aspects of your potential claim and establish the salient points and establish the merits of your case and exactly what you hope to achieve. Having done so, we pride ourselves on the provision of a frank and honest assessment of the likelihood of success. We recognise that it is important to provide at the earliest juncture, a realistic assessment of your case. We provide you with a written assessment of the case setting out our reasoned advices irrespective if our assessment is what you are hoping to hear. In short we tell it like it is – no more, no less. Remember you have a strict two year strict time limit to lodge your claim from the date of injury so if believe you may have a potential claim and you wish to pursue it, don’t delay call today on 064 6632516.

If you believe you may have a claim, and you wish to pursue it, give us a call and have a no obligation chat with either Dan or Conor on 064 66 32516 or by email. Also note that it is still possible to claim compensation for injuries sustained in a road traffic accident even where the other party cannot be traced or is uninsured. Such claims are handled by a Government funded organisation called the Motor Insurers Bureau of Ireland (MIBI). The MIBI may be required to step into the place of the other driver and may be required to compensate you as if the other driver was insured.

The workplace is a common place to sustain an injury. Slip or trip accidents can happen in many places, including injuries sustained on uneven pavements, defects in the road, spillages in supermarkets or and broken steps.

Your employer has a duty to protect you and to keep you informed about health and safety issues that may affect you in the workplace. Your employer must ensure that they provide you with a safe place of work, suitably updated and properly maintained equipment and machinery, health and safety training and protective equipment.

If you have been injured as a result of an accident at work, you may be able to claim compensation for your injury and losses into the future. Most if not all employer have insurance specifically for this type of incident. Remember also, if you believe that by making a claim that you may jeopardise you future employment prospects, should your employer attempt to do so, they may well be in breach of employment legislation should they attempt to do so.

Need help collecting a debt? We help businesses local & nationally. TF Casey is one of Killarney's most prominent debt recovery services. With a team of process servers, we can help you recover your money faster.

We cover the whole of the capital including surrounding regions. We regularly advise clients in all Irish judicial forums from District, Circuit and High Court and indeed Supreme Court jurisdictions together with European based applications in the Hague. We have a long track record helping many of the capital’s businesses recover their debts faster.

If you require an affordable, professional debt collection agency to deliver unrivaled results call 064-6632516 now and inject your cash flow today.

What is judicial review?

Judicial review is a procedure by which a person who has been affected by a particular decision, action or failure to act of a public authority may make an application to the High Court, which may provide a remedy if it decides that the authority has acted unlawfully. Judicial review is concerned not with the merits of the decision, but whether the public body has acted lawfully.

A public authority may be acting unlawfully if it has made a decision or done something:

Without the legal power to do so (unlawful on the grounds of illegality)
So unreasonable that no reasonable decision-maker could have come to the same decision or done the same thing (unlawful on the grounds of reasonableness)
Without observing the rules of natural justice (unlawful on the grounds of procedural impropriety or fairness) in breach of European Community Law or the Human Rights Act
If the court finds that the public authority has acted unlawfully, it, may:

issue a mandatory order (i.e. an order requiring the public body to do something)
issue a prohibiting order (i.e. an order preventing the public body from doing something)
issue a quashing order (i.e. an order quashing the public body's decision)
make a declaration
award damages
Damages are rare and not automatically awarded as in county court or in employment tribunal cases, as the court may think that one of the other remedies is more appropriate. They are more likely to be awarded where there has been a breach of the Human Rights Act.

There is a 3 month deadline for making an application for judicial review, from the date of the act or omission that is being challenged, although there is an obligation on the person wishing to make an application to act promptly.

“It is not a lack of love, but a lack of friendship that makes unhappy marriages.”
― Friedrich Nietzsche

Regrettably relationship breakdown is all too common these days and when it occurs the consequences can be far reaching especially when children are involved. Such events in one’s life can be extremely traumatic leaving you feeling vunerable, anxious and concerned for the future and often results in an emotional rollercoaster leaving both parties and regrettably extended family at odds.

“Men marry women with the hope they will never change. Women marry men with the hope they will change. Invariably they are both disappointed.”
― Albert Einstein

Relationship breakdown raises concerns for the children of the parties and often leads to the necessity of court application for access and custody in default of the parties agreeing, which of itself leads to greater anxiety. Parties to such relationship breakdowns find themselves feeling concerned and anxious in the anticipation of the necessity of negotiating financial arrangements and what is to happened to the family home, pensions and other property adjustment provisions.

“Indifference and neglect often do much more damage than outright dislike.”
― J.K. Rowling, Harry Potter and the Order of the Phoenix

In these times of personal upheaval and venerability you shall need our support and guidance as professionals in the field to firstly attempt to negotiate a mediated settlement or in default to secure the best possible outcome for you given the particular circumstances and family arrangements so that it affords you the opportunity to move on and lead to a brighter future for the entire family whist at the same time attempting to maintain cordial relations between the parties for the benefit of the children.

“I could easily forgive his pride, if he had not mortified mine.”
― Jane Austen, Pride and Prejudice

With our bank of experience in this sensitive aspect of litigation we are all too aware of the stress and anxiety that relationship breakdown can bring so together with you, when we fully understand your family circumstances we can help plan with you for cordial arrangements going forward, especially where children are involved. From a district Court application on paternity, guardianship access or maintenance through to judicial separation or divorce proceedings we will be there to support and guide you and offer sensible, considered, compassionate and expert advice throughout.

Each case turns on its own circumstances so each situation will require a full understanding of your family dynamics to offer you a bespoke range of options to suit you and your own family’s particular needs. Please feel free to contact us on 064 66 32516 and let us know if you would like to call into us to discuss your options in a frank, honest and compassionate environment for the benefit of you and your family’s circumstance.

We offer a tailored, high quality service that ensures our clients interests are managed and protected in line with their wishes for their lifetime and for the benefit of future generations.

We provide advice on:

Drafting and updating Wills - our lawyers will explain all the possible options, including many you may not have thought of, to not only take into account your current circumstances, but how you can ensure your beneficiaries are well cared for and that your estate is protected should something unexpected happen.

Probate and administration of estates - we are often appointed as professional executors and trustees; alternatively we provide probate advice and support for lay executors or administrators to make the process of obtaining the Grant of Representation and administering the estate as straightforward as possible.

Mental capacity issues and Court of Protection - there are occasions when individuals are unable to make decisions for themselves due to a mental health condition, a severe learning difficulty or a sudden accident - we can help to ensure that your affairs, and those of your family or loved ones, are properly taken care of at a time when you, or they, are at their most vulnerable. This could involve powers of attorney, deputyship applications, or setting up personal injury trusts.

Tax and trusts - we advise on more general tax and trusts planning as part of a wider wealth protection strategy - UK and/or offshore tax advice or assistance with the creation, management or termination of trusts. We are also able to provide general advice to you if you are a trustee.

Wills and Inheritance Disputes - TF Casey's experienced team of Wills and disputes specialists have the expertise to represent you through what can be a complicated and stressful process, and we always handle matters in a tactful, efficient and cost effective manner.

Great people, great advice - Our licensing solicitors can help you

With a wealth of knowledge and experience in the leisure and hospitality sector, our team of specialist licensing solicitors provide tailored and extensive advice on Irish licensing laws and procedures.

The changes to the numerous alcohol licensing laws mean that our Licensing Team is fully equipped with the necessary skills and awareness to help you with any legal problems.

Our advice is comprehensive and transparent

To help you fully understand the impact of the Licensing Act (2003) on you and your business, we have created niche areas of expertise to support your case.

These include:

-Personal Licences
-Premises Licences
-Transfers
-Change of Designated Premises Supervisor
-Objections, Hearings, Appeals and Reviews

For more information on Licensing law and our services, please contact TF Casey today.