okay in this video I'm going to take a look at seven most common claims against
employers so if you're an employer then you will or should be interested in
these seven claimants which I'm going to take a look at right after this
okay first came the first biggest source of claim would be an unfair essential
claim the unfair dismissal Act of 1977 provides for unfair dismissal and for
constructive businesses which is also an unfair dismissal frame constructive
dismissal is where the employee leaves the job and they have done so because of
what they claim is the intolerable behavior or conduct of the employer
under the employer no longer feels bound by the conflict of employment and in
those circumstances the employee leaves the job resigns and brings a claim on
the honor the unfairness letters like 1977 the maximum the amount can be
awarded under the unfair sources like 1977 is two years salary that however is
very unlikely it would be very very rare in fact I don't know of any such cases
generally the employees entitled to financial loss so he's not entitled or
she's not entitled to loss for embarrassment or you know stress or in
and suffering or anything of that nature the employee is entitled to the
financial loss so that essentially the loss of earnings between when they are
unfairly dismissed and when they start a new job second big source of claims
would be discrimination based claims these may be in a respect of employment
and in respect of the provision of goods or services which the workplace
relations commission can deal with but in the employment context there are
basically nine grounds of discrimination these were include family status or
civil status membership of the travelling community race or origin or
nationality disability religion and a number of others but essentially there
are nine so it's quite common for somebody for an employee to bring it
frame a discrimination based claim and one of the nine grounds it does have
to be though on one of the nine ground the third area of which is a ripe area
or ripe source of claims is under the payment of wages Act 1991 I think is it
is actually covers matters like obviously payment of wages the provision
of wage slips and the basic compliance with the requirements of the payment of
wages Act 1991 this is a ripe enough source for claims by employees and you
must remember that when an employee brings a claim under one heading or one
act he may well or she may well also throw in a number of other claims and in
the whole policy does the more bullet to fire the likely more likely you are to
hit the target so you as the employer remember are the target the next source
of claims to the workplace relations equation and to formerly quality private
Appeals Tribunal is under the organization of working time Act 1997
dislikes deals with respects with holidays annual leave with breaks
between working one day on the next and the maximum number of hours that you can
work in a particular week and so on and so forth
so the organization of work in turn acts 1997 can be quite technical and done in
addition to the active service regulations were brought in by way of
statutory instrument which makes it difficult very difficult for the
employer to be entirely compliant so it's easy not to fall to fall from a
technical standpoint of the organization of working tonight
another ripe source of claims is under the redundancy heading so a person might
claim that they haven't got any redundancy that might claim that they
haven't got the correct amount of redundancy or indeed that there was
redundancy and recognized for their benefit but they simply weren't paid so
it is also another line of claims arises where a person is made redundant
but their claim is actually a sham redundancy and in fact what it is is an
unfair dismissal dressed up as redundancy that's another source of
claims against employer another source of claims is the minimum
terms of employment or the minimum notice rather and obligations on the
employer so in statute itself after a certain period of time after thirteen
weeks that a person entitled to at least one weeks notice of termination of the
employment and then the number of weeks that are tied to two will increase in
direct proportion to the number of years that have actually been in the job so
clearly somebody that's there over say eight years or six years or something
would be entitled to significantly more in office so this is another claim that
can be brought against the employer and again it's one that's possibly thrown in
along with other claims if an employee goes to the trouble of bringing a claim
against the employer to the workplace solutions another very common source of
claims is determines of Employment Information Act it sets out the basic
obligation on an employer to provide a written statement of certain terms and
conditions of employment to the employee within two months of starting the job
many employers for some strange reason don't comply with this Act and it is
very very simple same to bring and it is a very very black-and-white claim if you
end up at the workplace iterations Commission because it's just obviously
an easily provable fact as to whether the employee was given a contract of
employment within the term once or not if not well then the employee is going
to succeed there the seven main sources of claim I am relying there on the
report published by the Employment Appeals Tribunal in respect of activity
in 2012 they analyzed the claims that came in and also I've had recent look
there and very very useful video series on the
lost city websites dealing with employment law dealing with the
workplace relations commission and the work of the workplace relations
commission and the head and workplace relations situation
confirmed that the three most common claims that they face now would be
unfair dismissal discrimination on payment of wages I hope you find this
video useful if you do you might share it or comment below or give it the
thumbs up and you might be interested in subscribing to my youtube channel my
name is Terry Gauri I'm a solicitor and field thanks for watching