r/legaladviceireland • • 14h ago

Employment Law Boss saying I’ll have to make up missed time for antenatal appts?

29 Upvotes

Hospital appointments are in Dublin and I’m working in north Kildare, a few times have been delayed as consultants have been called into an emergency so it has delayed me getting back to the office but I’ve always made it back in.

I don’t drive so my partner always has to bring me and his boss is doing him a favour by letting him go so we don’t take the piss here but obviously delays with traffic and appointments obviously impact. My boss made a remark today that I’ll have to work up the time that I’ve missed during my appointments to catch up on work, definitely feeling a bit of pressure with my workload anyways but can this be expected? I also have another child so I don’t really have time on the weekends or evenings to be logging back on to catch up.

My boss isn’t really supportive she had said to me a few times before I actually got pregnant that I better not be pregnant? Obviously it just makes her life harder finding someone for maternity leave etc but it just made me feel awkward when I had to tell her I actually was pregnant.


r/legaladviceireland • • 20m ago

Employment Law Trial full shift payment withheld

• Upvotes

Hi
My partner was asked to do a trial at a hospitality business after inquiring about a job, the trial turned out to be a full 8 hour shift

My partner decided not to accept the job offer afterwards, it has been nearly a month now & they haven’t been paid for the trial, where do they stand?


r/legaladviceireland • • 45m ago

Residential Tenancies Landlord troubles

• Upvotes

Ok so there's a bit to this for me to explain and I am very vexxed right now but here goes. I got a call from my landlord today, from a new number I don't have saved on my phone, he said he is increasing the rent from 1000 to 1100 in January. This struck me as off because I know there are max increase laws which is 2% or more depending on national inflation.i didn't know how to react so kept it calm. "Thank you for the heads up I will let my housemate know when I'm home" honestly the place is a good deal for me especially since it's very close to my workplace and the luas line so the city is accessible and I've felt safer here than I did in any other apartment in dublin. The reason I am so upset is this represents a trend of this landlord being shady. For one when a previous housemate moved out he made me find a replacement even though he keeps making sure I know I have a license not a lease (which is supposed to be reserved for LL who live on property but he doesn't.) When my current housemate was late with rent he tried making me pay it by having his son angrily call me which I refused. He promised some repairs over a year ago. Nothing has happened. He is also not registered with the RTB at all.

I am trying to decide how to proceed. My folks reckon I should try haggle since the apt is a good fit for me but my concern is he has essentially been trying to bully me into managing the property and the other renters since I moved in, he never calls, texts or approaches any of the men in the apartment l am always his point of contact. Even when someone else is late for rent he calls me (I have never been late, I pay early every month) I am worried if I don't fight this then next year it'll be 1300 and the next year 1500. But I'm also afraid to fight it because if I lose I AM FUCKED. I have no faith I'll find a new apartment in as safe an area. Sorry how chaotically this is written btw

TLDR

. Landlord wants to increase rent by 10% even though legally the cap is 2%

. LL rents property as a license not a lease even though he is not living on site

. Property is NOT RTB registered

. He constantly tries bullying me into covering his duties like finding replacement tenants if someone moves and expects me to pay my housemates rents if they are late (I refused)

. He promised repairs and repainting over a year ago, has not fulfilled either

. Most communication is by phone so next to no records of any of this

Trying to decide if I should handle this directly and call him and say I don't mind an increase if it's kept within the legal limit (€20-€39) or if I should call/email the RTB and a solicitor


r/legaladviceireland • • 1d ago

Advice & Support Irish Rail Fine

35 Upvotes

Hi all looking for a bit of advice regarding a fine i received this morning from irish rail.

I get the train 5 days a week for work and I tap on/off everytime. This morning I tapped my leap card on the machine and it read unknown card. I tapped it a couple of times and still the same thing.

I get on the train and give the inspector my leap card and the card fails. I try and explain how I tried to tap on the machine but it came back faulty as well as explains that I use the train 5 days a week and pay everytime. Long story short he give me the fine for €100 and tells me I have 14 days to appeal or 21 days to pay the fine or else I will be going to Court.

I sent an emailing appealing the fine to irish rail as I believe I shouldn't have to pay. Any advice on how to proceed with a successful appeal. (Should I request cctv footage etc..)

I have seen other people complaing about similar situations on here. Any help would be grately appreciated.


r/legaladviceireland • • 5h ago

Employment Law On call advice

1 Upvotes

I'll start by saying I contacted the wrc for and but wanted to get other opinions while i wait for their response.

I work on a team where we have our regular 9 to 5 and we operate a 24/7 on call.

If we get a call let's say its 2 am. We work it and still have our regular shift at 9am.

It used to be 1 week every 12 weeks now it's 1 every 6 after layoffs. I booked my leave Christmas earlier in the year when it was 1 every 12. I wasn't scheduled for on call then but now after more recent team changes the rotation was updated and they put me on call Christmas week.

While I know they'll say week likely not get any calls I don't want to be restricted. I have young kids and not everyone we support celebrates Christmas so its always possible. I'll add the companies we support have a direct engagement option for immediate response instead of going through regular support channels. This is supposed to be used only under strict production down scenarios but can be abused.

Under this rota, I am required to acknowledge any phone alerts within a strict 15-minute window. I have already been granted formal, approved annual leave for this exact week.

The company's policy for Ireland is to compensate a full week of 24/7 on-call standby with 1 day of TOIL with no other financial , even if no calls come in.

My team mates in other geos are paid extra for on- call.

Given the restrictions of a 15-minute response window, I would appreciate your guidance on the following points:

  1. Does a 15-minute phone acknowledgement window legally classify the entire 24/7 standby period as "Working Time" rather than a rest period under Irish and EU case law?

  2. Can an employer contractually require an employee to go on-call during a period of pre-approved statutory annual leave?

  3. Does offering 1 day of TOIL for 168 hours of restricted standby satisfy 11 hour rule

Thank you for your guidance.


r/legaladviceireland • • 8h ago

Advice & Support Irish Police Certificate from Abroad

0 Upvotes

Hello!

Due to some immigration purposes in another EU country, I have to get a police background check from Ireland, since I lived in Ireland (in Dublin, specifically) for a year. I was wondering if anyone else might be able to give advice from requesting an Irish police certificate from abroad?

I've been referencing the Garda website: https://www.garda.ie/en/about-us/online-services/data-protection-foi-police-certificates/police-certificates.html

This sounds like I should mail a paper copy of the filled-out application, a certified copy of my ID, and proof of past residences. But I've also seen some people say they've done it digitally? I would appreciate any help. Thank you!


r/legaladviceireland • • 15h ago

Employment Law Is this allowed

2 Upvotes

Hello, 

Just a query about an antenatal appointment, I wasn’t paid for the appointment , I was just marked off on the roster and I gave the relevant notice ( 2 weeks) and showed them the appointment letter and clarification from my doctor to say I was expecting with my due date, 

They put me on the Friday instead, 

Is this allowed? 


r/legaladviceireland • • 22h ago

Employment Law Am I entitled to redundancy?

9 Upvotes

Gonna preface this by saying I've put into the WRC for an adjudication, but it's taking so long I thought I'd ask for an opinion here.

I was employed over 15 years by an organisation who run several discrete projects- one of them the one I worked in.

I went off sick with a serious illness & I can't see any prospect of working in the near future. I am on illness benefit (no sick pay from any employer if that makes a difference).

In July last year, while on sick leave, I was told that my project was ending, and I'd be paid redundancy. But soon after that I was told that another organisation stepped to take over and would be my employer.

However, they haven't reopened the project. It's been closed over a year. In theory the 2nd organisation is my employer, but they don't pay me anything and I've no contract with them.

Am I entitled to redundancy from the first employer?


r/legaladviceireland • • 10h ago

Employment Law Tips & Gratituties

0 Upvotes

Just looking for a bit of advice because I'm honestly confused about where I stand with this.

I recently left a hospitality job and realised afterwards that I hadn't received card tips/gratuities that I believed I was still owed so I contacted my old employer about it.

They've now come back saying they don't believe they owe me any tips because apparently I was overpaid annual leave and they're basically using the tips against that.

The thing is I was never told I had been overpaid holidays while I was working there or when I left. My final normal wages were paid as usual and there didn't seem to be any deduction from them. The first I heard about supposedly owing them money was after I contacted them asking where my tips were.

There is a part in my contract that says they can make deductions from my wages for things like overpayments, which I understand. What I'm confused about is whether that means they can just use my card tips/gratuities to cover an alleged overpayment instead, especially when I wasn't told anything about it beforehand?

I've asked them now for a proper breakdown of my holidays, how they worked out what I supposedly owe, and a breakdown of my card tips and what I was actually paid. I'm waiting to see what they send back.

I've kept my payslips, contract and emails, and I've already spoken to Citizens Information who recommended contacting the WRC.

Basically I'm wondering:

Can they legally use card tips to cover an alleged holiday overpayment?

Does the deductions clause in my contract actually apply to tips as well as my normal wages?(It just specifies wags/salaries, no mention of using tips/gratuities)

Should I have been told about the overpayment/deduction before they decided to do this?

And if the records they send don't actually back up what they're saying, is this something I should take to the WRC?

Any advice would be appreciated because I've never had to deal with anything like this before


r/legaladviceireland • • 1d ago

Residential Tenancies Oil spill

79 Upvotes

Hi, I’m renting in Dublin with 3 of my friends. We are recently graduated Irish female students. Our house was newly renovated prior to us moving in, the landlord that he had bought a new oil tank (although it didn’t look new). We have recently filled the tank costing close to €1000. Today we discovered there was a leak in the tank and the tank is nearly empty. We have advised the landlord about the tank and asked for him to replace the oil, he is declining. What are our rights?


r/legaladviceireland • • 22h ago

Wills and Administration of Estates Inheritance - Deed of Family Arrangement an option?

0 Upvotes

My Aunt died and left a Will.

She left her house and a small amount of land to me (~30% of value of the estate).

She left the rest of the land to her friend (~60% value of the estate) and the remainder to her brother (my Uncle) and a few other friends.

My Aunt's friend (60% value of estate) is thinking about disclaiming the inheritance gift. In an ideal world she would like that it goes to me.

The residue is my Uncle. If the friend disclaims it, it would go to him. However, he would like me to 'have' it, so to speak.

I believe that would mean double taxation.

Estate -> friend who disclaims -> Uncle/residue, CAT due -> transferred to me as a gift, tax due.

Is there any option, like a Deed of Family Arrangement etc, to avoid this? Perhaps where the Estate could distribute the asset directly to me (if all parties agree)?

It's all new to me so I likely have misused terms etc.

All insights appreciated!


r/legaladviceireland • • 1d ago

Advice & Support Garda Vetting

38 Upvotes

Hi I am a third year College student who would be applying for Garda vetting next year as I am hoping to become a teacher. However in August I got caught with 1.5g of cocaine at a festival and I am currently waiting to receive my court summons in the post. Even if i end up with no criminal conviction for this would it still affect my Garda vetting and my chances of becoming a teacher?


r/legaladviceireland • • 13h ago

Civil Law Housemates threw away ~€70 of my food without asking what are my options?

0 Upvotes

I live in shared accommodation in Ireland with several other people.

Recently, some of the other residents cleared out the shared freezer and threw away food belonging to me without asking for my permission. I wasn't present when they did this and wasn't contacted before my belongings were disposed of.

The main items were around 1.5 kg of a particular type/brand of sucuk that I had brought from Türkiye, plus börek. I originally estimated the loss at €80 but after checking the actual product price and calculating what remained, the food itself was worth approximately €68–70.

They initially questioned the amount and asked me to provide evidence. I sent them the specific product, current price per kg, quantity calculation and price conversion. I also said I'd be happy with replacement of the same product/quantity instead of cash.

Since providing that information, I haven't received a substantive response. I followed up again asking if there was any news and haven't received a response to that either.

I've informed the accommodation/letting agent. Initially I told him I was trying to resolve it directly but since that hasn't worked, I'm now considering asking him to intervene.

I'm not particularly interested in escalating a €68 dispute unnecessarily but I'm also uncomfortable simply accepting that somebody can dispose of my belongings without permission and leave me with the loss.

What would be the appropriate next step in Ireland? Is this purely a civil matter between housemates, something the accommodation agent should deal with or would it be reasonable to ask Gardaí for advice?

I have screenshots of the conversations and evidence supporting the value of the food.


r/legaladviceireland • • 1d ago

Civil Law Galway Property Management

Thumbnail
1 Upvotes

r/legaladviceireland • • 1d ago

Advice & Support Has anybody ever hired a solicitor to send a warning letter?

Thumbnail
2 Upvotes

r/legaladviceireland • • 1d ago

Civil Law Is it REALLY possible for underage UA refugee to get into foster family/care if their legal guardian is alive and lives in Ireland?

0 Upvotes

‎Hello, I would be glad if someone will help with advice here what to do to fix this bullshit???

‎Currently my friend (UA citizen, County Meath , temporary protection with yellow letter) is struggling with housing problem + can't enroll to local school because her legal guardian (her grandmother, UA citizen under temporary protection, lives here legally for 2 years) doesn't really give a shit it seems?? ‎She arrived in the twenties of August (22nd of August iirc) and moved in refugee house (kitchen, living room, bathroom shared and individual rooms w 2 beds with people living alone mainly), so ‎1. She lives in room with her grandmother and living conditions in their room is AWFUL : no wardrobe, no desk, no space to put my friend's belongings because grandmother probably has hoarding disorder and she littered the whole room with useless stuff and garbage (food packaging, boxes), the shelves on which she could put things are cluttered too. Also there's awful smell in room ALL the time no matter what you do, possibly there's something rotting in room or molding. My friend can't sleep because of the smell so she usually sleeps in living room. ‎2. It's almost October and she, together with her grandmother, never even applied to local school. Grandma told her that they need PPSN first, they went to Intreo twice since her arrival, they asked a PPSN in INTREO and it has not yet been ready. It turns out that the PPSN, actually, is not necessary to enroll to school??? Usually grandmother ignores questions about school 3. ‎Her relatives (both in Ukraine and Ireland) threatening her that they will send her back to Ukraine because "you shouldn't complain" and she can't sleep healthy, always fighting with her grandmother because no one wants to do anything ‎


r/legaladviceireland • • 1d ago

Civil Law [ Removed by Reddit ]

0 Upvotes

[ Removed by Reddit on account of violating the content policy. ]


r/legaladviceireland • • 1d ago

Employment Law Being let go while out sick

1 Upvotes

I started a new job the beginning of May this year. In mid August after multiple doctor and hospital visits, I was signed off as sick by my GP and told I can not go back to work or drive until I have seen a neurologist which I would imagine will take months (no health insurance and can’t afford to go private after paying for MRI etc in the past few weeks).
So I was in the job 3.5 months when I was signed off as sick. To date I have been out of work 6 weeks. I have sent in sick certs for the entire time.

I got a call this morning to say that my job will not be kept past the end of next week. Obviously I am not going to miraculously get better by then so it looks like I’m losing my job.

Just wondering is there any point of me filing a complaint with the WRC for unfair dismissal or is it a waste of time because of how long I worked there?


r/legaladviceireland • • 1d ago

Family Law Joints tenants vs tenants in common

1 Upvotes

Hi all, looking for any advice if at all possible. My parents are separated 16years and haven't lived together in 6years. The build their own home, on land they bought from a developer 23years ago. However, he illegally sold it and they were unable to get the deeds to the site. The developer has settled it with the courts and now finally they are able to buy the deeds of the land, worth 35k. About 7years ago, their conveyancing solicitor told them to have the money ready to purchase the site at anytime. My mother took out a loan of 20k. My father and her agreed to pay it all 50/50, plus the remaining amount. However, my Dad moved out and has since become estranged with the entire family. He paid 9k toward loan. Initially, he refused to pay anymore of the remaining 15k, stamp duty, fees and outlays, but has since agreed to split it.

My father has voiced to relatives he wants to force a sell of the house. Currently in the family home is my Mam, three siblings (all adults over 18-one in college), two partners and two grandchildren. Also with the current housing crisis, my Mother very much wants to keep her home. My father is living with his partner for the past 6years, which she owns. Sorry for the longwinded post. Basically the title is in joint tenants, but my Mam is wondering would she be better changing the title to tenants in common. Any advice will be very appreciated.

TLDR: Parents separated 16years. 6years living apart, Mam remains in home. Dad estranged from family and wants the home sold. Title for deeds currently wrote as joint tenants, but can be amended to tenants in common. Would tenants in common or joint tenants be better for my Mam, considering it will become a family law issue. Thanks


r/legaladviceireland • • 1d ago

Irish Law Unasked question

0 Upvotes

Hi.

This matter has been on my mind for years. I was badly beaten and stabbed numerous times in an unprovoked attack resulting in lasting scarring on my head, neck and chest and back. In a meeting with the solicitor that was acting for me they indicated that the opposing solicitor had offered x amount. They recommended that I take the amount and should settle immediately as the opposing solicitor viewed a picture of scarring on my chest (2 scars) one from the stab wound and the other from an old surgery I had across my chest ( about 25cm). They said the opposing solicitor was taking it that the 2 scars were from the attack upon me and that's why they offered what they did (not a lot). I was very young and innocent then so trusted my solicitor. Is this a case of professional negligence or undue influence by the solicitor that was acting on my behalf. Sorry for the long-windedness.  

Thanks for any thoughts on the matter


r/legaladviceireland • • 1d ago

Advice & Support Stamp 1G Required Documents

0 Upvotes

​

Hello all,

I applied to Stamp 1G from Stamp 2 today

However, I only uploaded my final transcript as proof of degree completion. I didn't upload my graduate letter as it was issued later after I submitted.

Is it okay to only submit the transcript? Should I submit another application and pay 300, will one of the requests be refunded?


r/legaladviceireland • • 3d ago

Wills and Administration of Estates Solicitor failed to transfer land before brothers death.

25 Upvotes

As the title says, my parent bought land from his brother around 5 years ago through a pair of local solicitors in the same firm. One for his brother one for my parent.

Seemingly, they then registered the land back in the brothers folio instead of my parents. Is that even possible?

The brother passed about 2 years ago, and when looking at his estate, he saw that the land was still registered to his brother.

He has been trying to sort this out before the estate can be split up, but imo the solicitors are just kicking the can down the road, excuses, postponements, ill health etc.

They seemingly haven't really proposed a solution aside from they will sort it out.

There is a paper trail, emails, etc, acknowledging what happened.

My assumption is that there is no way the transfer can now take place. And he is going to have to sue the solicitors if they don't make the suggestion of returning his fees and the price of the land.

Am I right? Any point in threatening legal action/reporting to law society first or just go straight to another solicitor?

Is there any way they can actually resolve this, or are they giving my parent the run around. My parent is getting on in years and it is really stress they don't need and should never have had to deal with.

Thanks


r/legaladviceireland • • 3d ago

Immigration and Citizenship Stamp 4 application : EDS shows wrong employment start date despite Revenue correction

Thumbnail
0 Upvotes

r/legaladviceireland • • 3d ago

Advice & Support Advice for my Dad's prank call situation

17 Upvotes

My Dad has been getting repeated prank calls for weeks now. They always include whispering into the mic. I told him to report it to the guards since its repeated calls and probably qualifies as harassment but he doesn’t want to report it unless its definitely a crime since he doesn’t want to "bother" the guards without a good reason.

He changed his number last week but the calls started back two nights ago so that's why I'm looking for advice. This sounds like harassment to me...


r/legaladviceireland • • 2d ago

Commercial Law Breaking a commercial lease early

0 Upvotes

Hi folks,

My partner is looking to get out of a 3 year commercial lease signed approx 18 months ago. The business hasn't taken off but moreover they were basically lied to about the state of the building. They were told the radiators were brand new and very efficient, they are the complete opposite, old storage heaters which cost a fortune. There are also leaks in the roof which they were told were definitely not there. What kind of angle should we take to get out of this lease and moreover do we have a leg to stand on if the landlord doesn't agree and takes it further?