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Practice Areas

Employment Law

 

Know your Rights, Duties and Obligations

 

The success of any business is its’ employees.  It is vitally important to create a safe, harmonious and fair environment for employees to work.

We provide advice on all aspects of Employment Law from drafting Contracts of Employment, Unfair Dismissal Claims, Discrimination, Bullying or Harassment in the Workplace to claims under the Organisation of Working Time Act.  Employment Law is a complex area of law and it is imperative that both employers and employees receive up-to-date advice on their rights, duties and obligations.

As a former Employment Law Consultant, Michael gained significant experience in the area of Employment Law acting on behalf of Employers throughout the UK.   Since qualifying, Michael has completed the post-graduate Employment Law Diploma in the Law Society of Ireland and he has successfully represented numerous clients in the Employment Appeals Tribunal, the Labour Relations Commission, the Equality Tribunal and the High Court.

Employment Law is an area of law that is rapidly changing. The Workplace Complaints Form and the introduction of the Workplace Commission have revolutionised Employment Law as we know it.

 

Services Provided for Employers

 

We provide advice and represent Employers on the following:

 

  • Drafting Contracts of Employment and Employee Handbooks – Did you know you are obliged to provide employees with their Terms of Employment within 2 months of commencement of employment?

  • Providing clients with advice on employee disputes, bullying, harassment, disciplinary action and dismissal, transfer of undertaking or redundancy.

  • In order to avoid an Employment Law claim, it is vitally important to obtain correct advice before acting.

  • Prevention is better than cure – Employment Law claims can be very costly, time consuming and damaging for an organisation. The right advice at the right time can eliminate the stress and disruption of an Employment Law claim.

  • Don’t leave yourself exposed by carrying out a redundancy or disciplinary process without taking advice.  There is a well established set of criteria for dealing with employees. Employers are obliged to adopt fair procedures when dealing with employee disputes, dismissals or disciplinary action.

  • Redundancy – you are obliged to carry out a meaningful consultation process before making an employee redundant.  Otherwise, you may be exposed to an Unfair Dismissal claim in the Employment Appeals Tribunal. 

 

Services Provided for Employees

 

We provide advice and represent Employees on the following:

 

  • Unfair Dismissal / Constructive Dismissal

  • Wrongful Dismissal / Breach of Contract

  • Discrimination on the grounds of Age, Gender, Disability, Religion, Sexual Orientation, Race, being a Member of the Travelling Community, Civil Status or Family Status.

  • Payment of Wages, Organisation of Working Time, Sick Leave, Bullying or Harassment in the Workplace, Maternity Leave or Parental Leave.

  • Entitlements in a Redundancy situation.

  • Transfer of Undertaking.

 

Time is of the essence

 

For the majority of employment law claims, you have a limited amount of time to issue proceedings. Don’t hesitate, take prompt advice and know your rights.

 

 

Family Law

 

It's an unfortunate fact of life that relationships and marriages do not always last forever.  We understand that this can be a difficult time for the parties involved.  We act on behalf of clients in a compassionate and sensitive manner in the following areas of Family Law:

 

  • Divorce

  • Judicial Separation

  • Separation Agreements

  • Maintenance

  • Access & Guardianship

  • Domestic Violence

  • Child Care

  • Civil Partnership Advice

 

Michael holds a Post-Graduate Diploma in Family Law from the Law Society of Ireland and he will provide up-to-date advice on all aspects of Civil Partnesrhips or Cohabitation Agreements.

Conveyancing

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We will act for you in the following areas of Conveyancing:

 

  • Residential Purchases 

  • Residential Sales

  • Leases

  • Land Transfers/ Voluntary Transfers

  • We offer Tax Advice for property transactions

  • Landlord & Tenant

  • Commercial Conveyancing

 

If you want to transfer a site to a child, sell your house, purchase a house or re-mortgage your property, we will advise you every step of the way.  There are tax implications with all property transactions.  We can advise on Stamp Duty, Capital Gains Tax, Capital Acquisitions Tax, Agricultural Relief or Business Relief.

 

As a Landlord, you are now obliged to register each tenancy with the Private Residential Tenancy Board.  We will be happy to draft your Lease and register your tenancy.  As a tenant, you have rights that must be adhered to.  Take advise and know your rights, duties and obligations.

Wills & Probate

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Make a Will to ensure your estate is administered in accordance with your wishes. Make an appointment today and Michael will be happy to meet you in the office or at your home to assist you in preparing your Will. Your Will is an important document, so make sure your it is drafted exactly in accordance with your wishes.  If you do not make a Will the Rules of Intestacy apply. 

 

At M. O'Neill & Co Solicitors we fully understand that it is a difficult time when a family member or friend passes away. We will obtain a Grant of Probate or Grant of Administration in a sensitive and caring manner.

 

Estate planning is vitally important to reduce the amount of Inheritance Tax your beneficiaries may have to pay.  We provide clear and starightforward advice in dealing with all probate matters.   

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Criminal Law

 

Michael has acted as a Criminal Prosecutor and a Criminal Defence Solicitor.

 

In his capacity as Associate Solicitor in the State Solicitor's Office for Co. Wexford, Michael acted on behalf of The Director of Public Prosecutions, The Department of the Suit of Revenue Commissions, The Department of Social Protection, The Road Safety Authority, An Post & NERA.

 

In his capacity as Criminal Defence Solictor Michael represents clients in The District Court, The Circuit Court and The Central Criminal Court. 

 

Know your legal rights - Did you know you are now entitled to have your Solicitor present while being questioned in the Garda Station?  

 

 

 

Personal Injury

 

​If you have been involved in an accident you may be entitled to take a legal action to compensate you for the negligence of someone else.

 

We act in the following areas:

 

  • Road Traffic Accidents

  • Medical Negligence

  • Workplace Accidents

  • Slip or Trip

  • Professional Negligence

 

The jurisdiction for taking an action for personal injury has recently changed.  The purpose of the change is to make the court system more accessible for litigants and to eliminate the back log of litigation cases.

 

The first port of call in most personal injury cases is the Injuries Board.  We can submit your claim together with a Medical Report to the Injuries Board for assesment. If the Injuries Board do not assess the claim we will then issue proceedings in The District Court, The Circuit Court or The High Court depending on the level of damages and the likely outcome.

 

Don't delay - As time is of the essence for issuing Personal Injury proceedings.

 

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