Don’t ‘Settle’ For Second Best: The Importance of Legal Advice In Settlement AgreementsPosted in : Labour & Superior Court Case Law Review Panel on 29 September 2020
Authors: 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.
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