Services for Employees

Your employment contract as more commonly referred to, is the document which lays down the terms and conditions of your relationship with your employer. The law dictates a number of requirements your employer would have to put down in writing and deliver to you, the employee, such as your place of work, hours of work, salary etc. (subject to a few exceptions).

 

Employment contracts often abound with complicated legal jargon, which appears rather perplexing to say the least. Certain clauses may even prove largely incomprehensible - that’s where we can help. e can assist you in looking over your contract and guiding you through its provisions, to help you better understand the obligations which you are signing up to, and to determine whether they are ultimately in compliance with the law.

As the weaker party in the employment relationship, employees have historically been the victims of coercion to accept certain conditions for the sake of having work. However, today the law provides a plethora of safeguards to ensure that employees are protected in the best way possible, whether under the main legislation or under sectoral regulations aimed at regulating specific industries.

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Working-weeks, rest and break times, wages and the periodicity of their payment – these are all matters which are clearly set out in the law. Whilst most matters are clearly legislated, various exceptions, provisos, loopholes, and lacunae abound.

Discrimination and harassment at the workplace are not uncommon. Employees may unfortunately find themselves to be the subject of discriminatory treatment, ridicule, or even criminal acts such as sexual harassment whilst on the job. The law specifically prohibits such behaviour, and we can help you to approach your managers and attempt to settle the issue amicably, or take the case further to the National Commission for the Promotion of Equality, or even to the Industrial Tribunal if necessary.

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In the case of grievances on the workplace, whether relating to promotions, transfers or other employment-related matters, we can seek conciliation measures with your employer to attempt to find the best solution for each party. We can also provide assistance from behind the scenes if you prefer to take on the matter yourself but feel that you need help in moving forward.

If you, as the employee, give notice of termination, the notice periods set out at law or in your employment contract must be observed, and monetary penalties may arise in favour of the other party should they not be. Further rules also apply with regard to the termination of definite contracts, where applicable penalties may prove burdensome.

Employees may not be terminated without a good and sufficient cause at law. However, the meaning of ‘good and sufficient’ cause is not one which is dictated explicitly by law, therefore rendering the determination of such cause a rather subjective endeavour.  Where no reason is given for the termination of your employment, or where the reason is unjustified, we can help you determine whether your dismissal was unfair. Whilst we always do our utmost to attempt to settle the matter amicably for our clients, the term for action to be taken against unfair dismissal before the Industrial Tribunal is four months.

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Employees may also be terminated on the basis of redundancy, wherein their role is deemed to be superfluous to the requirements of the employer and is therefore no longer required. However, several criteria must be satisfied for a redundancy to be genuine, such as the last-in first-out rule. If you feel that your redundancy was not genuine, we can guide you and lodge an action for compensation before the Industrial Tribunal, or else engage in discussions to seek an amicable settlement to the matter.

The team at Ten Yards Legal is ready to represent you in any action regarding a breach of your employment conditions before the Industrial Tribunal. We’ll invite you to speak with us and let us know the whole story so we can build the best case possible for you. You will furthermore be guided on how proceedings will go and on what to expect every step of the way.

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Industrial Tribunal cases must generally be lodged within 4 months of the last breach, and the Tribunal’s decisions are binding and may only be changed by the Court of Appeal, with appeals only permitted on points of law.

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However, depending on the situation, we trust that negotiating an amicable settlement between you and your employer is the best way to go, helping you avoid unnecessary costs and undue delays while your case is heard, which may take a few years to conclude. We try our best to reaching a decent compromise which benefits each party.