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
Bláthnaid Evans
Leman Solicitors
Issues covered: Unfair Dismissal; Settlement Agreements

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.

Background 

The Employee

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This article is correct at 29/09/2020
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.

Bláthnaid Evans
Leman Solicitors

The main content of this article was provided by Bláthnaid Evans. Contact telephone number is +353 632 3113 or email bevans@leman.ie

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