Employment & Benefits

Our Employment & Benefits team offers high quality advice on complex employment issues, including regulatory matters, whistle-blowing and corporate immigration, as well as the specialist areas of health and safety and employee incentives.  The team has particular skill in advising on general employment matters including employment terms and incentives, statutory rights and obligations, unfair dismissals, equality, redundancy and terminations. Our clients include many leading multinational and Irish companies, public sector organisations and senior-level employees. 

We approach employment law issues with a view to securing commercially desirable outcomes for our clients and we deliver our advice promptly and with clarity. We draw on the expertise of our colleagues in other specialist departments of William Fry on related areas of the law, such as data protection, intellectual property rights and taxation, to provide a comprehensive service.

Our team has advised on the employment aspects of many of the major corporate transactions in Ireland over the past several years.  We have successfully represented clients in a number of High Court and Supreme Court cases in which the judgements handed down have clarified key points of Irish employment law.

Our areas of expertise include:

  • Advising on all legal issues relating to the employment relationship
  • Representing clients before the civil courts and the Workplace Relations Commission in employment disputes such as discrimination claims, unfair dismissal cases, breach of contract actions, injunction proceedings and prosecutions
  • Industrial relations
  • Employment aspects of business sales, group reorganisations, corporate recovery, insolvencies and outsourcings
  • Employee share plans
  • Bespoke employment law training sessions for HR personnel
  • Corporate immigration
  • Health & Safety 


Twitter Follow us on @WFEmployment for regular employment law updates and news.

 

Our experience includes:

  • Advising market leaders in almost all industry sectors including DCC, B&Q, Marsh Ireland Ltd, CPL, Hitachi, Boots, Diageo, Digital Realty Trust and Smurfit Kappa Group. 
  • Representing B&Q Ireland Limited in a four-day High Court Appeal judgment which clarified the law in Ireland in relation to bonus and allowance payments.
  • Acted as Lead Counsel for Tesco during the the outsourcing of its entertainment sections in 80 Tesco stores throughout Ireland
  • Acted as advisor and counsel to Hasbro Inc. in its purchase of well-known Irish animation company Boulder Media.
  • Advised the AA, the UK’s largest breakdown cover organisation, on the sale of its Irish business and operations, AA Ireland Limited, to US-Irish private equity fund Carlyle Cardinal Ireland.  
  • Advised on the largest real estate related transaction in the history of the Irish State, we acted for the joint venture in acquiring ownership of a number of assets that were owned and developed by Chartered Land, including Dundrum Town Centre (Ireland’s largest shopping centre).
  • Representing our client in an appeal to the Court of Criminal Appeal, the judgement in which is regarded as setting out the most current position in Irish law in the context of health & safety in the workplace. 
  • Acting for Dunnes Stores in a landmark Supreme Court appeal overturning the judgment of the High Court granting damages for wrongful dismissal and in respect of personal injury.
  • Advising SOLAS and B&Q on an ongoing basis on health and safety issues.
  • Advising a number of major corporations on severance agreements with senior executives.
  • Advising a number of employers in relation to 'team moves' by former employees and, in one case, obtaining and executing an Anton Piller Order against former employees. 

Prospective Employee Dismissed for Inadequate Leaving Certificate Results

High Court decision highlights the importance of clearly specifying educational requirements during the recruitment process


Defined Benefit Reform Disappearing Act – Committee Stage Comeback?

The Social Welfare, Pensions and Civil Registration Bill 2017 - Defined benefit reforms removed from Pensions Bill for the moment.


€824,794 Award For Discrimination Against Female Army Captain

Female Army Captain awarded €824,794 following her success in judicial review proceedings concerning the Defence Force's decision to exclude her from a promotion process.


Latest Whistleblowing Case – Local Authority Whistleblower's Claims Dismissed

Workplace Relations Commission applies recent Labour Court guidance on the 'but for' test and rejects penalisation claim by whistleblower.


A Lesson This School Won't Forget - School Ordered to Pay €34,000 to Former Teacher

The Workplace Relations Commission recently awarded a teacher just short of one year's salary after it found that the teacher was "sent packing with no regard to the requirements of law".


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Department

  • Interviewees say the group is "very capable, pragmatic and customer-focused. They bring a wealth of experience to employment and pensions law issues and provide responsive, practical and effective solutions to critical issues." Otherclients refer to a "top-class service" from the department, advising: "It is a very collegial team that is very careful and considered about its advice and always on point. It is particularly good in complex or sensitive scenarios." Sources explain that the "partners are receptive, responsive, experienced and provide added value, as well as very good legal advice. There is a good breadth and depth in terms of back-up resources, and all cross-border work is handled expertly." Chambers Europe 2017
  • "The firm's advice is of the highest quality and based on solid research and case studies. It is also highly tailored and relevant. Working with this firm is an educational experience." Chambers Europe, 2016
  • "I would rate William Fry's performance very highly. Apart from mastery of the technical aspects of the work, I find the firm pragmatic and commercial when it comes to pension-related matters and it acts as a partner to us in delivering optimal solutions." Chambers Europe, 2016
  • The team at William Fry takes ‘a highly professional, informed and engaging approach.’ Legal 500 EMEA 2016
  • "This team asks the right questions to get to the heart of the issue. The lawyers are technically excellent and bring pragmatic solutions to our clients." 
  • "Great breadth of experience, and a high level of responsiveness."  Chambers Europe, 2015 
  •  William Fry’s ‘responsive and reliable’ team is headed by the ‘astute and commercial’ Boyce Shubotham and includes the ‘practical and incisive’ Alicia Compton, Maura Roe and ‘trusted adviser’ Catherine O’Flynn. Legal 500 EMEA, 2015 
  • "The team explained the process at each stage in layman's terms. I was impressed with the lawyers' advice; they gave me their opinion and asked whether I wanted to pursue something. I wasn't being pushed."  Chambers Europe, 2014
  • "The team has a very in-depth knowledge of the law and a clear understanding of our agenda - I have never had occasion to regret our choice.Chambers Europe, 2014
  • William Fry’s ‘service cannot be faulted’. Alicia Compton ‘has proven herself to be one of Ireland’s foremost employment lawyers’. Legal 500 EMEA, 2014
  • Sources say: “A well-connected practice that really tries to understand its clients. I have yet to give the lawyers a scenario which has stumped them – you can always find an expert in your area.” Chambers Europe, 2013
  • Sources say: "Everyone we deal with is just superb. We value the team's judgement and view them as colleagues." Chambers Europe, 2012 
  • William Fry advises in "a clear and pragmatic way."  Legal 500 EMEA, 2012 

Team

  • Boyce Shubotham
    • Clients confirm that the market-leading Boyce Shubotham has "excellent technical knowledge," and is "responsive and commercially aware." He possesses significant experience in contentious employment proceedings, acting for both employers and senior executives. Chambers Europe 2017 
    • Boyce "has great, savvy experience of how things will pan out. I liked his measured, personable approach." Chambers 2016
    • Boyce Shubotham is ‘astute and commercial’. Legal 500 EMEA, 2015
    • Sources say Boyce Shubotham is "very strategic and astute, and demonstrates that the law is one thing, but the tactics behind it are the key."  Chambers Europe, 2014 
    • Boyce Shubotham is considered “one of the top employment guys in the city.” Chambers Europe, 2013 
    • Practice head Boyce Shubotham is ‘tactically astute in all his dealings’. Legal 500 EMEA, 2013
    • Boyce Shubotham is lauded as 'experienced and practical. He always lays out options and his advice has avoided a lot of litigation.'  Chambers Europe, 2012
    • Boyce Shubotham is ‘just amazing’. Legal 500 EMEA, 2012 
  • Maura Roe
    • Maura Roe, whom one client calls ‘the foremost expert in Ireland on shares and share options’Chambers Europe 2017 
    • Maura Roe "gives very sound and practical advice," report interviewees.  Chambers Europe, 2014
    • Maura Roe ‘remains calm and focused’. Legal 500 EMEA, 2013 
  • Alicia Compton
    • Alicia Compton is ‘one of Ireland’s leading practitioners’. Chambers Europe 2017 
    • Clients comment that Alicia has "intricate knowledge of our business and backs us proactively at every turn. It's almost like she is a part of our company, rather than an external provider. Fantastic!". Chambers Europe 2016
    • Alicia's  "keen legal brain and common sense result in excellent outcomes". Legal 500 EMEA 2016 
    • Alicia is described as "highly knowledgeable, and consistently willing to consider a variety of viewpoints to ensure that her advice is fit for the particular circumstances."  Chambers Europe, 2015
    • Alicia Compton is ‘practical and incisive’. Legal 500 EMEA, 2015
    • Alicia Compton "knows her law backwards, is very considered in everything she does, and thinks things through from start to finish," say clients. Chambers Europe, 2014
    • Alicia Compton is "a valuable adviser who understands the context in which we operate. She can head problems off.”  Chambers Europe, 2013
    • Alicia Compton is ‘excellent’. Legal 500 EMEA, 2013
  • Catherine O'Flynn
    • Sources describe her as "very astute, direct and diplomatic." Chambers Europe 2017 
    • Sources say "She has an ability to ask the right questions and provide clarity on the key elements and possible courses of action." Chambers Europe 2016 
    • Catherine is described as a "superior solicitor working for a top-class firm. She always guides and supports clients through the all the issues." Chambers Europe, 2015
    • Catherine O’Flynn is a 'trusted adviser’.  Legal 500 EMEA, 2015
  • Michael Wolfe
    • Sources state: "He has great knowledge of the industry in Ireland and comes up with creative solutions for difficult problems." Chambers Europe, 2016
    • Michael Wolfe is known for his "fantastic experience and good client manner." Chambers Europe, 2015
    • Michael Wolfe is praised by clients as one of the best pensions lawyers in Ireland: "He understands the whole project; he looks at all the elements and takes them into consideration and is very commercial in the advice he gives."  Chambers Europe, 2014
    • According to an impressed client, “he thinks outside the box and comes up with usable solutions." Another adds: "He has the ability to resolve division and conflict between parties.”  Chambers Europe, 2013
    • Michael Wolfe is praised for 'his independence of mind and ability to resolve divisions between trustees'. Legal 500 EMEA, 2013
    • Michael Wolfe is ‘an excellent pensions lawyer’. Legal 500 EMEA, 2012
  • Liam Connellan
    • According to clients Liam is "highly knowledgeable and consistently willing to consider a variety of viewpoints to ensure that the advice is fit for purpose." Chambers Europe, 2016
    • Liam Connellan is a pensions expert with "a very pragmatic approach to resolving pension issues for our clients' businesses. He has been a real benefit to us on occasions when we might be dealing with a prospect and need to sense-check a particular point." Chambers Europe, 2015
    • Liam Connellan is commended by peers as a "safe pair of hands."  Chambers Europe, 2014 

Key Contacts

Boyce Shubotham Partner

Alicia Compton Partner

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