The document describes McDowell Purcell's Employment Unit, which consists of three solicitors specializing in employment law. The unit is led by Peter McInnes and provides both corporate and individual clients with expert non-contentious and contentious employment law advice, including drafting employment contracts, advising on reorganizations and terminations, and representing clients in employment claims. The unit handles all aspects of the employment relationship from start to finish.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Managing Dismissal Cases to Avoid RepercussionslegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
BVFCL Recruitment 2010: Jobs Notifications Pankaj Singla
BVFCL Recruitment 2010: Brahmaputra Valley Fertilizer Corporation Limited (BVFCL) has published and advertisement for the recruitment of Various Jobs. To get the complete detail like interview schedules and documents, apply online, proof needed in interview go to the main advertisement of the BVFCL Recruitment 2010.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Managing Dismissal Cases to Avoid RepercussionslegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
BVFCL Recruitment 2010: Jobs Notifications Pankaj Singla
BVFCL Recruitment 2010: Brahmaputra Valley Fertilizer Corporation Limited (BVFCL) has published and advertisement for the recruitment of Various Jobs. To get the complete detail like interview schedules and documents, apply online, proof needed in interview go to the main advertisement of the BVFCL Recruitment 2010.
Everything you Need to Know about April 2016 in 20 minutesTALiNT Partners
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Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
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A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
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Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
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Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
As a business owner in Delaware, staying on top of your tax obligations is paramount, especially with the annual deadline for Delaware Franchise Tax looming on March 1. One such obligation is the annual Delaware Franchise Tax, which serves as a crucial requirement for maintaining your company’s legal standing within the state. While the prospect of handling tax matters may seem daunting, rest assured that the process can be straightforward with the right guidance. In this comprehensive guide, we’ll walk you through the steps of filing your Delaware Franchise Tax and provide insights to help you navigate the process effectively.
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
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It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
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2. Employment Law Unit
McDowell Purcell’s Employment Unit consists of three dedicated solicitors who specialise in
Employment Law.
The Employment Unit is led by Peter McInnes, who is recognised in Chambers Europe law
directory as a leading practitioner in the field of employment law in Ireland. Peter is supported
by two experienced solicitors, Sinead Likely and Julie O’Neill.
The Employment Unit represents both corporate clients and senior executives by providing
them with expert and timely advice that is tailored to meet their individual needs and
circumstances.
3. What We Do
McDowell Purcell’s Employment Unit provides advice to clients during all stages of the employment relationship
from beginning to end.
McDowell Purcell provides clients with advice and guidance in connection with the drafting and negotiation of
contracts of employment, consultancy agreements and all forms of HR policies and procedures in line with the
requirements of the clients and relevant employment legislation.
We provide legal advice in respect of employment and related arrangements and issues arising during the course
of same or on the termination thereof. McDowell Purcell can also provide advice and assistance in connection with
recruitment 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 and
disciplinary 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 superannuation
schemes and related benefits through our Pensions Unit.
4. 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.
5. Contentious or Potentially Contentious Employment Law:
Pursuing and defending claims before the Rights Commissioner Service, the Employment Appeals
Tribunal, the Labour Court, the Equality Tribunal and the Civil Courts.
Civil Court litigation includes - injunction applications to restrain dismissals and unlawful industrial
action, breach of contract claims, restrictive covenant/confidentiality enforcement, shareholder
oppression/derivative actions, defending personal injury actions for stress and bullying, judicial
review.
Advising and participating in mediation of employment disputes and dispute resolution procedures
and negotiating and drafting settlement agreements.
6. Our People
McDowell Purcell work hard to attract and retain talented people.
The lawyers in our Employment Unit are practical and commercially minded
practitioners who are leaders in their sectors and work with clients to achieve their
goals.
Peter McInnes, Partner
Head of Employment Unit
Email: pmcinnes@mcdowellpurcell.ie
Tel: +353 1 828 0653
8. Peter McInnes
Partner
Areas of Expertise: Employment Law
Admitted as a solicitor: 1991 (Scotland), 1996 (Ireland)
CEDR accredited mediator
Skills
Peter McInnes specialises in employment law. He provides a full range of legal services to a diverse range of corporate clients and senior
executives on contentious and non-contentious employment law issues. Peter has significant experience of all forms of employment
disputes, including unfair and wrongful dismissal, applications to restrain dismissals, discrimination, redundancies, both individual and
collective, and industrial relations. Peter is also extremely knowledgeable on issues that arise in shareholder/boardroom disputes in both
private and public companies.
On the non-contentious side, Peter advises on all employment issues arising in the course of the employment relationship and in
connection with business acquisitions/re-organisations. He is a frequent conference speaker on employment law issues and is regularly
involved 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 from
shareholder/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 commercial
disputes.
Recent Experience:
•Represented Marine Terminals Limited, part of the UK based Peel Ports Group, on major restructuring of its operations. Successfully
defended 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 preventing
the 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 and
outsourcing issues and advising Daiwa Securities Trust Inc, a multinational securities trust group based in Japan, on the re-negotiation of
senior management remuneration packages and bonus schemes;
9. •Represented a senior employee of a large statutory body in challenge to her dismissal which involved bringing an application for an
interlocutory 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 Company
and 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 mediator
Memberships
•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 and
knowledgeable operator, and his advice is definitive."
•Chambers Europe Law Directory 2009 - Recommended Practitioner. One source describes him as “a forceful litigator who never
loses sight of a client’s goals.”
10. Sinead Likely
Associate
Areas of Expertise: Employment Law
Admitted as a solicitor: 2007
Skills
Sinead Likely is a solicitor specialising in Irish employment law. She advises a wide range of corporate and private clients on all
aspects 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 and
High Courts, the Labour Relations Commission, the Employment Appeals Tribunal and the Equality Tribunal representing employers
and 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 unfair
dismissals, transfer of undertakings, working time entitlements and payment of wages disputes. Sinead has also negotiated various
settlement 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 and
outsourcing issues and advising Daiwa Securities Trust Inc, a multinational securities trust group based in Japan, on the re-negotiation
of senior management remuneration packages and bonus schemes;
•Provides employment law advice to US multi-national electronics company in relation to Irish employment law issues;
11. • 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 issues
Qualifications
B. Corp. Law 2001, LLB 2002, National University of Ireland
Admitted as a solicitor 2007
Memberships
The Law Society of Ireland
Dublin Chamber of Commerce
Employment Law Association of Ireland
Commercial Litigation Association of Ireland
12. Julie O’Neill
Solicitor
Areas of Expertise: Employment Law
Admitted as a solicitor: 2009
Skills
Julie O’Neill is a solicitor specialising in employment law. Julie provides both employers and employees with advice in respect of contentious
and 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 and
injunction applications and statutory actions before the Employment Appeals Tribunal, the Rights Commissioner Service and the Equality
Tribunal.
Julie has written a number of employment law articles, most recently her work was published in the Employment Law Review. Julie also
provides 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, short
time working and changes to terms and conditions of employment. Advised MTL in relation to official industrial action taken by employees at
Dublin Port which involved assistance in negotiations with the trade union, the Labour Relations Commission and Labour Court. Successfully
defended 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 an
interlocutory injunction to the High Court to restrain dismissal. The case settled on agreed terms some time later;
13. • 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 Ireland's 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.
Qualifications
BComm 2005 (1H), University College Cork
Admitted as a solicitor 2009
Diploma in Employment Law, 2009, Law Society of Ireland
Diploma in Commercial Litigation, 2010, Law Society of Ireland
Memberships
The Law Society of Ireland
Dublin Chamber of Commerce
Employment Law Association of Ireland
Commercial Litigation Association of Ireland
14. Full Service Law Firm
In 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 & Finance
Added Value
McDowell Purcell continually updates employment law clients on new legislation and recent case law, which may be of importance or
relevance to them. Such updates feature in our quarterly electronic publication, “McDowell Purcell eNews”. In addition, McDowell
Purcell has introduced an eAlerts service whereby short legal updates are provided throughout the year.
Contact Us
Tel: 353 1 828 0600
Email: pmcinnes@mcdowellpurcell.ie
Web: www.mcdowellpurcell.ie