McDowell Purcell - Employment Law Specialists

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McDowell Purcell Solicitors

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McDowell Purcell - Employment Law Specialists

  1. 1. Employment Law UnitMcDowell Purcell’s Employment Unit consists of three dedicated solicitors who specialise inEmployment Law.The Employment Unit is led by Peter McInnes, who is recognised in Chambers Europe lawdirectory as a leading practitioner in the field of employment law in Ireland. Peter is supportedby two experienced solicitors, Sinead Likely and Julie O’Neill.The Employment Unit represents both corporate clients and senior executives by providingthem with expert and timely advice that is tailored to meet their individual needs andcircumstances.
  2. 2. What We DoMcDowell Purcell’s Employment Unit provides advice to clients during all stages of the employment relationshipfrom beginning to end.McDowell Purcell provides clients with advice and guidance in connection with the drafting and negotiation ofcontracts of employment, consultancy agreements and all forms of HR policies and procedures in line with therequirements of the clients and relevant employment legislation.We provide legal advice in respect of employment and related arrangements and issues arising during the courseof same or on the termination thereof. McDowell Purcell can also provide advice and assistance in connection withrecruitment of staff generally to ensure compliance with principles of equality and fair selection.McDowell Purcell’s Employment Unit has experience providing assistance and guidance in grievance anddisciplinary procedures and advice in proactive anticipation of employment law issues that may arise,implementing new legislation and best practice and managing difficult employment issues.McDowell Purcell can also provide advice in connection with employee entitlements pursuant to superannuationschemes and related benefits through our Pensions Unit.
  3. 3. Non-contentious Employment Law: Drafting employment contracts for senior executives, employees and consultants, severance agreements and HR policies/procedures. Advising on all aspects of human resources including recruitment, reorganisations, rationalisations, incentives and terminations. Advising in relation to pension matters. Advising on trade union matters. Assisting with compliance, in particular with grievance, disciplinary, harassment and bullying procedures Providing support in corporate acquisitions and disposals, including due diligence exercises and drafting and negotiating employment warranties and indemnities. Advising on transfer of undertakings and outsourcing issues. Assisting on work- related immigration issues. Advising in relation to health and safety matters generally. Conducting health and safety- related litigation.
  4. 4. Contentious or Potentially Contentious Employment Law:Pursuing and defending claims before the Rights Commissioner Service, the Employment AppealsTribunal, the Labour Court, the Equality Tribunal and the Civil Courts.Civil Court litigation includes - injunction applications to restrain dismissals and unlawful industrialaction, breach of contract claims, restrictive covenant/confidentiality enforcement, shareholderoppression/derivative actions, defending personal injury actions for stress and bullying, judicialreview.Advising and participating in mediation of employment disputes and dispute resolution proceduresand negotiating and drafting settlement agreements.
  5. 5. Our PeopleMcDowell Purcell work hard to attract and retain talented people.The lawyers in our Employment Unit are practical and commercially mindedpractitioners who are leaders in their sectors and work with clients to achieve theirgoals.Peter McInnes, PartnerHead of Employment UnitEmail: pmcinnes@mcdowellpurcell.ieTel: +353 1 828 0653
  6. 6. Sinead LikelyAssociateEmail: slikely@mcdowellpurcell.ieTel: +353 1 828 0663Julie O’NeillSolicitorEmail: joneill@mcdowellpurcell.ieTel: +353 1 828 0656
  7. 7. Peter McInnes Partner Areas of Expertise: Employment Law Admitted as a solicitor: 1991 (Scotland), 1996 (Ireland) CEDR accredited mediatorSkillsPeter McInnes specialises in employment law. He provides a full range of legal services to a diverse range of corporate clients and seniorexecutives on contentious and non-contentious employment law issues. Peter has significant experience of all forms of employmentdisputes, including unfair and wrongful dismissal, applications to restrain dismissals, discrimination, redundancies, both individual andcollective, and industrial relations. Peter is also extremely knowledgeable on issues that arise in shareholder/boardroom disputes in bothprivate and public companies.On the non-contentious side, Peter advises on all employment issues arising in the course of the employment relationship and inconnection with business acquisitions/re-organisations. He is a frequent conference speaker on employment law issues and is regularlyinvolved in providing training to clients.Peter is also an experienced commercial litigator. He has acted for a number of clients in Commercial Court cases arising fromshareholder/boardroom disputes in both private and public companies.Peter is a CEDR accredited mediator and has considerable mediation experience both in relation to employment and commercialdisputes.Recent Experience:•Represented Marine Terminals Limited, part of the UK based Peel Ports Group, on major restructuring of its operations. Successfullydefended the company in the first ever Labour Court hearing under the Protection of Employment (Exceptional Collective Redundancies)Act 2007. Advised the company in relation to official industrial action taken by employees and successfully sought injunctions preventingthe employees from picketing in an unlawful manner;•Provides ongoing employment advice to Salesforce.com in relation to a wide range of employment issues;•Advises the consulting arm of Deloitte in respect of various projects, including advice to Toyota Ireland in respect of restructuring andoutsourcing issues and advising Daiwa Securities Trust Inc, a multinational securities trust group based in Japan, on the re-negotiation ofsenior management remuneration packages and bonus schemes;
  8. 8. •Represented a senior employee of a large statutory body in challenge to her dismissal which involved bringing an application for aninterlocutory injunction to the High Court to restrain dismissal. The case settled on agreed terms some time later;•Advised a multinational telecoms company on a rationalisation process involving site closure and the loss of approximately 300 jobs;•Acted for Group Finance Director of the Treasury Holdings Group plc in relation to entitlement under a long-term incentive plan(“LTIP”). Brought an application for a mareva injunction to the High Court preventing the dissipation of the money held by the Companyand subsequently settled the case on agreed terms.Qualifications•LLB 1988, Glasgow University•Admitted as a solicitor in Scotland, 1991•Admitted as a solicitor in Ireland, 1996•CEDR accredited mediatorMemberships•The Law Society of Ireland•Dublin Chamber of Commerce•Employment Law Association of Ireland•Commercial Litigation Association of Ireland•Irish Commercial Mediation Association (ICMA)Recommendations•PLC Which Lawyer? 2010 – Recommended Lawyer•Chambers Europe Law Directory 2010 – Recommended Practitioner. Peter is described as an “extremely experienced andknowledgeable operator, and his advice is definitive."•Chambers Europe Law Directory 2009 - Recommended Practitioner. One source describes him as “a forceful litigator who neverloses sight of a client’s goals.”
  9. 9. Sinead Likely Associate Areas of Expertise: Employment Law Admitted as a solicitor: 2007SkillsSinead Likely is a solicitor specialising in Irish employment law. She advises a wide range of corporate and private clients on allaspects of Irish employment law including contentious and advisory work. Sinead regularly advises clients on employment rights,contracts of employment, policies and procedures in the workplace. She also advises in relation to internal reorganisations,terminations, disciplining and dismissal and the handling of internal inquiries.In contentious areas, Sinead advises on all types of employment disputes including injunction applications, judicial review applications,unfair and constructive dismissals, discrimination claims and actions for breach of contract. She regularly appears before the Circuit andHigh Courts, the Labour Relations Commission, the Employment Appeals Tribunal and the Equality Tribunal representing employersand employees.Recent Experience:•Provides ongoing employment advice to large international logistics company in relation to a number of employment related issues.Sinead has represented this client in defending Rights Commissioner claims taken by employees relating to redundancy and unfairdismissals, transfer of undertakings, working time entitlements and payment of wages disputes. Sinead has also negotiated varioussettlement agreements on behalf of this client and has advised it in relation to restructuring and short-time issues;•Advises the consulting arm of Deloitte in respect of various projects, including advice to Toyota Ireland in respect of restructuring andoutsourcing issues and advising Daiwa Securities Trust Inc, a multinational securities trust group based in Japan, on the re-negotiationof senior management remuneration packages and bonus schemes;•Provides employment law advice to US multi-national electronics company in relation to Irish employment law issues;
  10. 10. • Advising senior executive of strategic management consultancy firm in relation to various employment and performance issues. Represented client at hearing and appeal stage of disciplinary process;• Represented senior employee of international insurance company in relation to disciplinary process and subsequent challenge of his dismissal, which involved a claim for unfair dismissal to the Employment Appeals Tribunal. Following successful mediation, the matter later settled on agreed terms;• Represented senior employee of international pharmaceutical company in relation to her redundancy and subsequent challenge to same. Negotiated settlement on agreed terms some time later;• Provides ongoing advice to HR consultancy firm in relation to variety of employment law issuesQualificationsB. Corp. Law 2001, LLB 2002, National University of IrelandAdmitted as a solicitor 2007MembershipsThe Law Society of IrelandDublin Chamber of CommerceEmployment Law Association of IrelandCommercial Litigation Association of Ireland
  11. 11. Julie O’Neill Solicitor Areas of Expertise: Employment Law Admitted as a solicitor: 2009SkillsJulie O’Neill is a solicitor specialising in employment law. Julie provides both employers and employees with advice in respect of contentiousand non-contentious employment matters. She has advised on various aspects of employment legislation including unfair dismissal,redundancy, working time and holidays, industrial relations, immigration, protective leave and employment aspects of commercial transactions.On the contentious side, she has experience in employment related civil actions before the High Court involving breach of contract andinjunction applications and statutory actions before the Employment Appeals Tribunal, the Rights Commissioner Service and the EqualityTribunal.Julie has written a number of employment law articles, most recently her work was published in the Employment Law Review. Julie alsoprovides advice at the Free Legal Aid Employment Law Centre in Dublin.Julie’s recent experience is detailed below.•Advised Marines Terminals Limited (“MTL”) on the restructuring of its operations including the implementation of collective redundancies, shorttime working and changes to terms and conditions of employment. Advised MTL in relation to official industrial action taken by employees atDublin Port which involved assistance in negotiations with the trade union, the Labour Relations Commission and Labour Court. Successfullydefended MTL in the first ever Labour Court hearing under the Protection of Employment (Exceptional Collective Redundancies Act) 2007.Sought two High Court injunctions preventing the employees from picketing in an unlawful manner;•Represented a senior employee of a large statutory body in a challenge to her dismissal which involved bringing an application for aninterlocutory injunction to the High Court to restrain dismissal. The case settled on agreed terms some time later;
  12. 12. • Acted for Group Finance Director of the Treasury Holdings Group plc in relation to entitlement under a long-term incentive plan (“LTIP”). Brought an application for a mareva injunction to the High Court preventing the dissipation of the money held by the company and subsequently settled the case on agreed terms;• Represented a director of one of Irelands leading property development and construction companies in a challenge to his suspension which involved bringing an application for an interlocutory injunction to the High Court to restrain suspension. Advised the director during the course of a lengthy and complex investigation and disciplinary process;• Provides ongoing employment advice to Salesforce.com in respect of various employment issues including the utilisation of fixed term contracts, the conducting of disciplinary, grievance and performance improvement procedures, termination of contracts of employment and preparation of severance agreements;• Advises an IT solutions and services company on employment law issues including termination of employment and reviewing contracts of employment and contracts for service. Represented the company in the Equality Tribunal against a claim for pregnancy related discrimination under the Employment Equality Acts 1998-2008. Represented the company in the Rights Commissioner Service against a working time claim under the Organisation of Working Time Act 1997.• Advises a large warehouse and logistics company employing approximately 200 individuals in relation to day to day employment issues including the conduct of disciplinary procedures, restructuring of pay and termination of employment.QualificationsBComm 2005 (1H), University College CorkAdmitted as a solicitor 2009Diploma in Employment Law, 2009, Law Society of IrelandDiploma in Commercial Litigation, 2010, Law Society of IrelandMembershipsThe Law Society of IrelandDublin Chamber of CommerceEmployment Law Association of IrelandCommercial Litigation Association of Ireland
  13. 13. Full Service Law FirmIn addition to our specialist employment law unit McDowell Purcell offers a full service legal practice to a wide variety of clients.Practice areas include:  Regulatory and Administrative Law  Pensions  Commercial Litigation  Corporate and Renewable Energy  Corporate Restructuring and Insolvency  Commercial Property  Banking & FinanceAdded ValueMcDowell Purcell continually updates employment law clients on new legislation and recent case law, which may be of importance orrelevance to them. Such updates feature in our quarterly electronic publication, “McDowell Purcell eNews”. In addition, McDowellPurcell has introduced an eAlerts service whereby short legal updates are provided throughout the year.Contact UsTel: 353 1 828 0600Email: pmcinnes@mcdowellpurcell.ieWeb: www.mcdowellpurcell.ie

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