Bullying & Harassment in the Workplace

Being bullied or harassed in the workplace is a common problem in Ireland today and there are special steps to take so it is prevented and dealt with straight away. It is repeated inappropriate behaviour that makes people uncomfortable and can seriously affect their personal and working lives. Similar to that of dynamics in the playground, bullying can be done by more than one person and can be aimed at either an individual or a group of employees and even employers. 
 
Be it physical, verbal or in any other form,the most common types would be exclusion, intimidation, damaging someones reputation or aggressive actions. If a person is being made feel unreasonably inferior in the workplace, it may be wise to investigate it and see how it can be resolved.  
  
The first steps involve the company proving that it did everything it could to prevent bullying and show that if it happened at all, immediate action was taken. 


"The Employment Equality Acts 1998-2008 place an obligation on all employers in Ireland to prevent harassment in the workplace. Harassment including sexual harassment that is based on any of the following 9 grounds – gender, civil status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller community – is a form of discrimination in relation to conditions of employment. Bullying which is linked to one of the discriminatory grounds above comes under the Employment Equality Acts." - excerpt from www.citizensinformation.ie 
 
If you are being bullied or harassed at work and it is not covered by the Employment Equality Acts, you may still have legal rights. Shannons Solicitors have over 30 years experience in employment law and are here to help. For advice and information call Shannons Solicitors on 01-8401780 or e-mail vincent@shannons.ie

Unfair Dismissal

Shannons Solicitors also deals with a number of Employment Law issues and Tim or Vincent are available to review contracts and advise on legislation.

To begin, one of the first areas of employment law our blog will be touching on is unfair dismissal. In brief , the Unfair Dismissals Act 1977-2007 outlines what can occur and provides information on exactly what unfair dismissal is, if anyone needs to pinpoint their issue.


Also, there is a lot of information, rules and tips on how to apply if unfairly dismissed on the Citizens Information website.

An employee is unfairly dismissed if one or more of these are deemed a reason by the employer:

• Membership of any trade union
• Religious or political opinions
• Legal proceedings against an employer where an employee is a party or a witness
• Race, colour, sexual orientation, age or membership of the Traveller community
• Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth
• Availing of rights under legislation to maternity leave, adoptive leave, carer's leave, parental or force majeure leave
• Unfair selection for redundancy

(Excerpt from www.citizensinformation.ie)

Redundancy is an area that can sometimes blur the lines between unfair dismissal. Primarily, redundancy is legal and a genuine reason for dismissal. However, if the employer believes that they have been selected unfairly or thinks a redundancy situation does not exist, they may be able to make a claim. It is advised to get in touch with a solicitor as soon as possible. It's very important to know that if you make a claim for unfair dismissal you can not make a claim for redundancy.

Tim and Vincent Shannon have over 30 years experience in dealing with areas of employment law and unfair dismissal. To discuss a case and see how they could help, why not call Shannons Solicitors on 01-8401780 or e-mail vincent@shannons.ie

Accidents on Holiday

Accidents on holiday have happened to almost every person at some point or another. The most common accidents on holiday usually involve transport, slips and trips, food poisoning and leisure activities.

If you are ever involved in an accident that is in no way your fault then you may be able to make a personal injury claim. So, it is important to look into the facts and see if you are eligible for compensation.
Here, we'll take at how claims work when independent and package holidays are involved.

Package Holidays are different from independently arranged holidays. The compensation package varies depending on what kind of holiday you are on. Since the introduction of package holidays and the Travel Trade Act, 1995, it has become much easier to pursue a personal injury claim arising from an accident while on a package holiday abroad.

Consumers can submit a claim in Ireland, rather than in the country where the holiday took place. A package holiday must contain two or more elements of a package such as flights and accommodation.

In addition, it is the organiser of the package holiday (usually the tour operator) who is liable to the consumer for the proper performance of the obligations under the contract, instead of the hotel or local service providers. If tour operators are in breach of their duty of care to ensure that accommodation and other services are safe and hygienic, then holiday makers may be entitled to make a claim for the injuries they have received as a result of that breach of contract.

Independent holidays work in a different way and by organising ones holiday in another country, holiday makers have to make a claim in that country. To establish if you have a claim for compensation on a package or an independently organised holiday you can contact Tim or Vincent Shannon at 29 Main Street, Swords on +3531-8401780 or never hesitate to e-mail vincent@shannons.ie

Accidents in Public Places

Accidents in public places arise mainly from slips, trips and falls in public; schools, supermarkets, and any area where people gather. You may be entitled to pursue a personal injury compensation claim if you can show the injuries you have suffered are as a result of the negligence of some other person or legal entity. Very often that person or entity will have pubic liability insurance to cover the cost of your claim and expenses.

Examples of accidents in public places include - Slips, trips and falls in supermarkets, shopping centres, car parks and restaurants. Injuries caused by dangerous footpaths, potholes, dangerous steps or falling objects from roofs.

Vincent and Tim Shannon have over 30 years experience of acting for people who have suffered injuries as a result of an accident in a public place. Vincent and Tim will advise you about reporting the accident to the staff or the owner of the property, and will help you keep a note of the names of witnesses and take photographs of the area where the accident happened. Vincent and Tim will also advise you on the time limits for such an accident and so it is advisable to contact them as soon as possible after the accident.

With the chances of snow over the Christmas season, slips, trips and falls become much more likely in public places. So don't hesitate to call Shannons Solicitors if you or someone you know needs help. Call +353-1-8401780 or e-mail vincent@shannons.ie to discuss your legal case for free.

Injured? Here's some information on how to claim compensation in Ireland.

The Injuries Board

The Injuries Board is an independent body which assesses the level of compensation that people should receive who have suffered personal injuries. The Injuries Board can only deal with cases where there is no dispute on liability. The Injuries Board never hear from claimants as to how their injuries have affected them. They rely solely on medical reports furnished to them. The Injuries Board deal with motor accident and public and employer liability claims.

All personal injury claims (except medical negligence claims) must be lodged with the Injuries Board within two years from the date of the accident. A form is completed by your Solicitor and lodged with the Board together with a medical report and a cheque for €45.00. Once the claim is registered with the Board, the statute of limitations is stopped. The Injuries Board then forward a copy of the application to the respondents and/or their insurance company requesting their consent to the Board making an assessment of damages

What Compensation Should I Expect to Receive?

The Injuries Board has prepared an estimator which is intended to provide injury victims with guidelines in relation to the value of their injury claim. Each case, however, is considered on its own merits which take into account the individual circumstances of each injury victim such as age, occupation, severity of the injury, the impact of the injury and the prognosis for recovery. The Estimator is a visual display of the information contained in the book of quantum prepared by the Injuries Board. This is not to be taken as a definitive guarantee of this level of compensation in each and every case.

In addition, claimants can also claim for out of pocket expenses such as medical expenses, vehicle damage, costs and loss of earnings. In more serious cases there can also be future loss of earnings and medical claims.

For advice in relation to what compensation you should expect to receive please contact Vincent, personal injuries Solicitor, at +353-1-8401780 or e-mail vincent@shannons.ie

Guardianship

On a previous post, we touched on Unmarried Parents and custody. To see all of Shannons Family Law related posts, just click on the tag to right of this page: 'Family Law'.

Guardianship means the rights and duties of parents regarding the upbringing of their children. It is the duty to maintain and properly care for a child. It includes and is not limited to the right to apply for a passport for the child and the right to make decisions about where a child will live, a child’s religious denomination, their education, medical decisions and requirements and their general welfare. As previously stated, a married father is automatically his child’s guardian. Guardianship is presently governed by the Guardianship of Infants Act 1964 as amended by the Children Act, 1997. An application for Guardianship is made under Section 6A of the Guardianship of Infants Act 1964, as amended.

It obliges the mother of the child to involve the father of the child in important decisions concerning the child’s welfare. When a father is appointed a guardian of the child the mother of that child cannot leave the country without the father’s consent. If she does so and fails to return, this is considered the criminal offence of child abduction and she can be subject to criminal

A guardian of a child can appoint a testamentary guardian in their Will. This is a very important part of being a guardian and we highly recommend that this is done. The parent attends us and makes a Will appointing a person to act as guardian, in their place, if they die. This testamentary guardian can then apply for custody of the child. It is specifically important for single parents to do this as it ensures that the child will have a guardian of their choice should they die.

Alternatively, an application can be made to Court to have a person appointed guardian where the child has no guardian. Making a Will therefore alleviates this problem. If a testamentary guardian is appointed and another guardian is surviving, both guardians will act jointly with each other and have the right to apply for custody of the child. This can be applied for by attending at our office or alternatively attending in person at your local District Court office.

To talk to Tim Shannon, an expert in Family Law, don't hesitate to call the office in Swords on 01-8401780 or e-mail tim@shannons.ie

Concerns Rise Over New Church Abuse Audits

Many T.D's including Fianna Fail's spokesman for children, Charlie McConalogue, are speaking out and calling for official enquiries following disturbing revelations yesterday. Six audits that were published by the National Board for the Safeguarding of Children in the Catholic Church (NBSCCC) raised many questions and concerns.

Abuse survivors who had made claims against 85 priests since 1975 in the dioceses of Raphoe, Tuam, Kilmore, Dromore, Ardagh and Derry stated that the audits were not thorough enough; they did not name the abusers, interview any abuse survivors or detail how mishandled the allegations were. Seeing as the audits were carried out by the Church owned NBSCCC and were not carried out independently, people questioned how of the 85 priests who had claims against them, only eight were convicted.

In comparison, cases in the dioceses of Ferns, Dublin and Cloyne between the years 1996-2009 were conducted by state commissions.

Colm O’Gorman of Amnesty International Ireland said: "We need to be conscious that these are reports by a body sponsored by the Roman Catholic Church, only published with the approval of the bishops concerned." The Irish Examiner

Victim Martin Gallagher said the audit failed to take account of victims who did not make formal complaints: "We’ve been let down again. The only thing that can be done now is a full state investigation. It took me 10 minutes to read it [the 20-page audit]. It was a joke." The Irish Examiner

The audits were slammed for not being a direct representation and calls for a national assessment, which should be carried out across all dioceses in the country, have been put forward.

However, it has been noted that the latest results are a stepping stone to "improvements in the attitude to and understanding of child protection" says the head of the NBSCCC, Ian Elliot. Elliot went on to say that more audits are to be published next year and audits into every diocese in the country would be completed within the next two years.

Shannons Solicitors is aware of this sensitive subject and has over 30 years experience in dealing with abuse cases that involve the Catholic Church. If you are one of these victims you should contact us now to take legal action on your behalf against the Church so that your suffering will be admitted and compensation will be paid to you. Call Vincent Shannon, Solicitor or Tim Shannon, Solicitor on (01) 840 1780 or email vincent@shannons.ie , or write to us at 29 Main Street, Swords, County Dublin, Ireland, in complete confidence that your case will be dealt with discretely and privately.