Don’t ‘Settle’ For Second Best: The Importance of Legal Advice In Settlement Agreements
Posted in : Labour & Superior Court Case Law Review Panel on 29 September 2020 Issues covered: Unfair Dismissal; Settlement AgreementsAuthors: Bláthnaid Evans and Sheila Spokes
In a recent decision by the Labour Court in Wasim Haskiya v Keelings Retail Unlimited Company 2020, the Court set aside the decision of the Workplace Relations Commission (the “WRC”), and found that a settlement agreement between Wasim Haskiya (the “Employee”) and Keelings Retail Unlimited Company (the “Employer”) terminating the Employee’s employment was void. This decision was on the basis that the Employee was not provided with an adequate opportunity to seek independent legal advice prior to waiving his statutory rights under the agreement. As a result, the Court held that the dismissal of the Employee was unfair.
Background
The Employee
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, register today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.