Employment Law

Employment law is a rapidly evolving area.  Not only has there been a huge amount of legislation in the past number of years but the establishment of the National Employment Rights Authority and the demands of the modern work force mean that employers have to be ever more flexible and vigilant in their approach to employment law.  The unit advises on all aspects of the employment relationship from recruitment and selection through to termination of employment.  The employment law work carried out by the unit includes:-

• Advising on recruitment, application, interview and selection processes
• Drafting employment contracts, consultancy agreements, staff booklets and workplace policies and procedures
• Advising on employment law legislation on a day to day basis; areas include, health and safety, equality, industrial relations, bullying and harassment, leave entitlements, notice periods, fixed term and part time workers
• Guiding clients through grievance, disciplinary and investigative processes
• Advising on termination of employment, including unfair dismissals, severance agreements and redundancy
• Representing clients on all employment law matters at the relevant courts and tribunals
• Advising on employment law aspects of corporate transactions, including employment due diligence, warranties and disclosures and the requirements of The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003

Pensions

The Pensions Acts 1990 – 2008 and the establishment of the Pensions Board heralded a new era of pension regulation in Ireland.  We provide advice on all areas of pension compliance to companies, individuals and trustees.  In 2008, following a national tendering process, Holmes O’Malley Sexton Solicitors was appointed to the panel of legal advisors to The Pensions Board in respect of litigation and prosecution services.  The pensions work carried out by the unit includes:

• Acting for The Pensions Board in prosecutions under the Pensions Acts
• Reviewing and amending trust deeds and rules of pension schemes 
• Advising on respective roles, obligations and responsibilities of members, scheme auditors, employers and trustees
• Advising on the funding standard under the Pensions Acts 
• General pension corporate governance advice 
• Advising on the pension provisions in employment contracts
• Advising on pension aspects of corporate transactions, including pension due diligence, warranties and disclosures and advising on the transfer of pension schemes as part of asset sales .
   

“Holmes O'Malley Sexton has ‘deep knowledge’ of employment matters...the team advised a private company in relation to the investigation of a series of bullying and harassment claims.”
The Legal 500 2011 - Employment.