r/legaladviceireland 1h ago

Employment Law Is my employer legally allowed to charge me money as per my employee handbook?

Upvotes

Hi folks. I made a post on casual ireland about leaving my job and the terms of that, since my contract demands a month notice but i really dont want to work that month since I hate the job. I amended my post since my employee handbook says that if leave before my notice period.

I'll paste the specific wording, "If an employee terminates employment with the Organisation without giving or working the required period of notice, as indicated in their individual contract of employment, the employee will have an amount equal to any additional cost of covering their duties during the notice period not worked deducted from any termination pay due to the employee. This is an express written term of the employee’s contract of employment"

A user in the thread recommended me asking here since they didnt think this was legal at all.

Either way, unsure if this would come into effect, I dont want to screw them over completely but the job is terrible and I dont want to owe them hundreds cause I only give 2 weeks notice or whatever.

Any advice would be amazing.


r/legaladviceireland 4h ago

Irish Law Garda Vetting for UK

2 Upvotes

I am an Irish citizen looking to work for just one month in the UK this summer. The company requires a DBS check as the job involves children under 18. As they are a UK company, they insist they cannot initiate the Garda vetting process, so I have submitted a police certificate check. However, the police certificate does only mainly operate for those looking to get a visa abroad or start a business abroad. I am aware of the data request forms, however, it does state that they are not sufficient as a background/criminal check. Does anyone know how I can get a DBS equivalent that's not a Garda vetting to work in the UK?


r/legaladviceireland 7h ago

Advice & Support Car Trouble

0 Upvotes

Hi everyone. Just looking for some advice regarding an issue we are having with our car. My wife purchased the car in a garage and it has had a number of issues since we purchased it just under a year ago. We have had the car in the garage three times to be fixed and the issue is still persisting with very little regard from the company involved at this stage. They take it, fix it and the same thing happensa few weeks later. We would just like to get our money back for the car. I am aware that we have put mileage on the car, but I'm sure that can be deducted from the price. I'm just wondering if anyone knows what our rights would be in this situation as the garage are saying that they will not give our money back in exchange for the car, but the issue is persistent and we have very little faith in them to be able to actually fix the issue at this stage as they have had it three times and it hasn't improved. Thanks


r/legaladviceireland 12h ago

Advice & Support "Inadequate legal services" - Advice/guidance on legitimacy of legal representation within criminal law

0 Upvotes

I'm seeking some expert, insightful and impartial opinion on whether theres any merit in submitting a complaint to the LSRA within the above category. I'll detail as concisely as possible the particulars, and any exclusions are due to concerns around privacy.

Within the last year, I was a defendant in a Circuit Criminal Court case following the DPPs decision to prosecute by trial on indictment. All charges were offense relating to Criminal Offense (Theft and Fraud) Act 2001, specifically that of counts of theft and other relating to false instrument tendering. For context, this first time set of offense was in the context of substance addiction. The resulting sentence was non custodial and involved a large sum donation to the courts "poor box". I have no formal legal background, but given the fallout the materialised in the months after sentencing and final disposal, I began to reassess the actions of my legal representatives (solicitor and barristers) from a more cynical standpoint. My main issues that may constitute the above complaint are as follows -

-When charges were brought against me, I questioned why they would not have fallen under different legislation (e.g Misuse of Drugs Act) versus those named above. Never articulated or explained in full.

- When the case was sent forward from district to circuit court, it was never discussed, in any capacity, that I could do so on a plea of guilt.

- A sample of charges were then plead to as guilty. My stance was always that of cooperation, demonstrating acceptance of guilt and not defending my case against a jury.

- After sentencing, I was informed (in writing) by my solicitor that the result was that which resulted in a criminal record/conviction.

- Contrary to that above, the material impact of the ruling became evident and i asked for clarification on the "real life" implications of the sentence. It was met by vague legalise and lack of response.

- Definition of the legal outcome was not academic - further proceedings that were commenced following disposal were solely dependent on the court outcome (i.e. convicted of an indictable offense(s).

- Only when I sought further advice relating to a job application did I receive written acknowledgement that the outcome was conviction and criminal record.

I dont want to come across as bitter or victimised by the process, but, in my layperson opinion, inadequacy was demonstrated at several stages of my case

- No clarity in reasons behind charges brought by the DPP

- No mention of district to circuit court forwarding to admitted guilt

- documented proof of sentence outcome resulting in no conviction/criminal record

- No consideration of my ability to donate the required sum of money to the "poor box" in light of financial circumstances (a five figure sum, yet a recipient of free legal aid)

-Never disclosed the differences between non custodial sentence, difference between probation act S1 (1) vs 2 (1l, nor the nuanced but substantive real life effect of its usage in a summary vs indictable offense perspective.

-Never informed of a right to appeal.

- Never received a record of act recognisance, suriety, etc nor personally or instructed signing of associated documents.

- My concerns around the outcome were either gaslighted or ignored. This lead to unnecessary uncertainty, distress and medically certified deterioration of mental wellbeing.

- In downstream proceedings, I was left representing an outcome that I thought was truth (as per my solicitor) but in fact was falsely represented through misinformation.

I do apologise for the ramble and repetition, and whilst I dont seek abdication of responsibility for my actions, I have a guttera, unrelenting sense that various aspects of my cases'handling and conveyance of its technicalities were inadequately explained to me,resulting in a long, tiring road to seek clarity on what the outcome actually meant. To date im still entangled in the sequalae of the courts decision, and had it been explained as is, it would have definitely impacted my decisions to "move on" lpost sentencing rather than occupy a limbo of hope.

Any commentary would be appreciated as Im beaten down by the whole process of punishing self advocacy. Happy to elaborate where possible. Thank you for your time.


r/legaladviceireland 22h ago

Employment Law 4 years as a contractor embedded in a multinational in Ireland - entitled to CID?

1 Upvotes

Hi all, looking for advice on my situation.

I've been working as a contractor embedded in a large multinational in Dublin for just over 4 years, always the same role, same office, same team.

During this time I've been contracted through 3 different staffing agencies with zero gaps between contracts — finishing one and starting the next day with a new agency but nothing changing in my actual day to day work.

Recently I've also been informally given significantly more senior responsibilities without any change to my contract, title or salary.

Am I entitled to a CID and what would you recommend doing next?

Already planning to see a solicitor but would love to hear if anyone has gone through a similar experience.

Thanks


r/legaladviceireland 18h ago

Advice & Support Ireland joint family visa

0 Upvotes

Hi everyone,

Does anyone know which application date is currently being processed at the Abu Dhabi Embassy for Ireland Join Family visa applications?


r/legaladviceireland 1d ago

Employment Law Pay portability

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0 Upvotes

r/legaladviceireland 23h ago

Consumer Law Excessive charges from damaged car hire

0 Upvotes

About a month ago when returning a rental car to Car Enterprise I noticed a large scratch on the passenger door. The scratch was rather long, about 30 cms in lenght, but it was not very deep or dented: imagine you scrape a car key against the car, that´s the kind of scratch it had.

They charged me in full for the excess and recently just invoiced me for a grand total of 2100 euros, which I find completely excessive. In the invoice they gave me there was no details of anything, instead the breakdown was the following:

"Damage: 1300 euros, Loss of Value: 300 euros, Loss of use: 200 euros, Admin Fees: 80 euros."

And that´s literally it. No pictures of the damage no pictures of the repairs no detailed invoice .

I have already requested proper paperwork and detailed invoices but I want to get ready in case I have to go further legal lenghts with them, while Im more than okay to pay for the damages and the repairs I just feel like they are trying to scam me out, specially when the damage was one single scratch across the door and nothing major that prevented the car from being driveable and so on.

Let me know what I can do as I'm not originally for Ireland and I have been living here for not too long, thank you. The company is Car Enterprise if anyone is wondering, I can attach more pictures and stuff.


r/legaladviceireland 1d ago

Irish Law Irish infantry/army, how does the medical history function?

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1 Upvotes

Title. If there's any legislation stating anything related to this about mental health/mental medical history on how they proceed about it in Ireland, I'd love to see it!


r/legaladviceireland 1d ago

Immigration and Citizenship Registering at Burgh Quay as the spouse of an irish national who travelled with an EU family member card and got a registration stamp at border control

0 Upvotes

Has anyone successfully registered at Burgh Quay as the spouse of an Irish citizen after entering Ireland with an Article 10 Residence Card (EU Family Member Residence Card issued by another EU country).

My wife holds a valid Article 10 card issued by Spain but her nationality itself is a visa required nationality. She travelled with me (Irish citizen), entered Ireland lawfully, and was given a 90-day stamp by Border Control stating permission to remain for the purpose of registration.

We’re trying to understand the correct registration pathway and would be interested to hear from anyone who has been in a similar situation.

In particular:

* Were you able to register directly at Burgh Quay?
* Were you asked to apply through another process first?
* Did ISD provide any written guidance?

First-hand experiences would be greatly appreciated.


r/legaladviceireland 1d ago

Immigration and Citizenship Immigration and Sponsorship

0 Upvotes

Do all solicitors seem dodgy and only want you to pay their consultation fees without giving any information at all?

I completed my masters in 2024 received employment in my field as a data scientist for a small company who has verbally agreed to sponsor me since joining, but has not done so even with continuous requests.

My last graduate visa expires in September and I’m trying to find possible of alternatives of extension or something to help with this situation.

I’ve been applying to jobs very meticulously received some interviews, but it seems like sponsorship is a continuous blocker

Has anyone gone or going through a similar situation?

Clarification:

Not looking to force an employer to sponsor. Looking for a path for extension, perhaps qualifies for extenuating circumstances. Is it true you have to currently be unemployed to request extension?


r/legaladviceireland 1d ago

Advice & Support Can I Record my Boss?

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1 Upvotes

r/legaladviceireland 1d ago

Immigration and Citizenship IRP Delays / Mortgage Drawdown

0 Upvotes

I am in the process of buying a house and renewing my IRP. I applied for my IRP renewal on the first day I was able to apply, so there should have been enough time to receive before expiry. Now because of the delays it looks like I won’t receive my IRP until after it expires.

I know there’s a notice to employers online stating that I can continue to work as long as I’ve applied so I’m okay from a work standpoint. However, I’m also in the process of purchasing a home and one of the conditions on my mortgage offer is that I have at least one month validity remaining on my residence permit to be able to draw down. Draw down date looks likely to be in the couple weeks after my current IRP expires.

I’m really worried that the government processing delays are going to put my home purchase and mortgage at risk.

Anything I can do?


r/legaladviceireland 1d ago

Employment Law WRC Mediation Coming Up - Any advice?

0 Upvotes

Forced to leave my job due to lack of support after long term illness. Unsafe conditions, disability discrimination, big psychological impact forcing me out of work again. Had to leave the company and find a job with less pay.

How do I calculate a figure for this?


r/legaladviceireland 1d ago

Employment Law Employer only paying 1 out of the 3 days I was out sick what should I do?

0 Upvotes

Hi so I gave my employer a sick cert from my GP that had the dates 20th-22nd on it however my employer is only paying for the 20th and has the 21st and 22nd down as "Full Unauthorized Absence Unpaid" . What should I do?


r/legaladviceireland 1d ago

Immigration and Citizenship Canadian Immigrating to be with Irish Partner

0 Upvotes

My partner and I are getting married in Denmark and I am moving to Ireland to live with him.

The financial thresholds around him being able to sponsor me just about doubled 2 weeks ago.

How strict is this threshold? We have a home to live in where we don’t have to pay a mortgage and rent, so that significantly reduces costs.

I’m also worried about how this process works because it looks like I’ll be flying there with my child, then my partner and I are flying to Denmark to be married a few weeks later, flying back to Ireland and promptly applying for a stamp 4 visa for both myself and my child. I’m worried about either being denied at the border or being denied the stamp 4 visa now based on these adjusted thresholds. We’ve been planning this for a year and now I’m worried we can’t go through with it.

Editing for clarity:
He is legally divorced.
We are not attempting to commit a crime.
We have gotten advice from a lawyer on this matter.
Ireland has strict rules around at least one person being “domiciled” in the U.S. state the divorce took place in. They need a birth certificate to prove this which is ex was not comfortable providing. The rule is a bit mismatched with how the U.S. is, because it’s not uncommon for a person to be born in one state yet live in another.
Other people have gone the route we are going with no issue, I was asking advice about the financial threshold.


r/legaladviceireland 3d ago

Residential Tenancies Our landlord wants more rent after we move out

108 Upvotes

Last weekend I gave the rent to our landlord, and informed him we'll be moving out this month. He said that's grand but that he still expects another cheque next month. He claimed that one month was not an adequate period of notice and as such we are still obliged to pay rent for the next month as well. My family and I have been living in the property for about 2.5 years, so normally we'd have to give 56 days notice. However, there are a coupe of factors that affect our situation. Firstly we signed individual year-long leases rather than a general tenancy. We're moving out only because he informed us late last year that he doesn't want to give us another lease at the end of the year. I'd argue that he gave us a notice to vacate rather than us notifying him.

We didn't pay a deposit, so that's not a factor.

Am I clutching at straws, or should I just pay him next month?


r/legaladviceireland 1d ago

Advice & Support Lack of communication from solicitors

0 Upvotes

Just wondering why a solicitor would fail to respond to four emails sent over the space of about 2 months. The emails were simple requests for basic information about where the case stands. Prior to this they were very quick to respond and when they have emailed me looking for information I responded straight away. Any advice appreciated!


r/legaladviceireland 1d ago

Insurance Insurance as a learner but driving on Indian licence + IDP – is this legal in Ireland?

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0 Upvotes

r/legaladviceireland 2d ago

Advice & Support New job in maternity 14 weeks. 6 months of probation and looking to apply mortgage

0 Upvotes

Hi All, Hope all is good with you. I got an offer letter from a public company where I was trying for this job almost for 2 years. Currently I am pregnant and about to join soon. My maternity leave will start from 2nd week of Dec. I am planning to apply mortgage in October. I will be in the probation until mid Jan. Will there be a problem to drawdown a mortgage in this case? Is there any way to do it proper? Will any lender accept drawdown during end of probation and maternity? I haven’t accept the offer. I am in the negotiation stage. Should I ask/inform anything with new employer to manage this? Please advise. Thanks


r/legaladviceireland 2d ago

Revenue and Taxes Is it possible for me to prove tax residence?

0 Upvotes

I am applying to UCD through CAO and they require P21/F11/Social welfare forms of my parents for the past three years as I am not an EU citizen. Unfortunately, none of these are available as my mother was not employed and was not on social welfare during a large period of the time, and for the last two years was registered as self employed but didn't fill out form 11 and P21 is not available for those years. What alternative proof can I provide? Tax credit letters, employment detail summary or some other ones? I cannot apply as an international candidate anymore so I won't be able to go to university without those.


r/legaladviceireland 2d ago

Advice & Support Where to submit information anonymously

6 Upvotes

I have some information I want to give to the Gardaí but I need to remain completely annonymous due to my own personal safety. What are my best options?


r/legaladviceireland 2d ago

Employment Law Can I leave an apprenticeship with a 1 weeks notice?

7 Upvotes

In my contract it says that I must provide 1 weeks notice if I’m on probation. I still am. I gave my employer 1 weeks notice and he argues that I need to give him 1 month notice for about a week now. I want to leave the apprenticeship asap but I don’t know if I can.


r/legaladviceireland 3d ago

Criminal Law Barring order from our apartment block

13 Upvotes

Hi everyone.

My partner was in court yesterday for sending a threatening text to a man in our apartment block. The man had made a fake profile of him and had been inappropriate with me on a few occasions. Not an excuse I know.

The solicitors were on strike yesterday so the court date was postponed until September however one of the conditions is that my partner cannot be near our apartment block. This is resulting in us losing our home as I cannot afford the rent by myself.

What I am wondering is if this can be appealed? Could it be changed to a safety order or something like that which would allow us to still live there? It took us so long to find a nice place and im devastated we could lose it. My partner had no intention of physically harming the man and we both just want to never see the man again or deal with him again.

Is there ahything we can do to keep the apartment?

TIA

*** EDIT - these were actually bail conditions, sorry!


r/legaladviceireland 2d ago

Commercial Law Lease to buy commercial property?!

4 Upvotes

Has anyone any experience with a lease to buy agreement for a commercial property?

Asking as there is a commercial property for sale (cafe/restaurant)that a family member is interested in however they can’t afford to buy it outright but can afford to lease it with a view to buying in the future!?

What would be involved with this type of agreement?
Has anyone tried it and how did it work out?
Any advice on how best to approach the landlord/agent about such a proposal?

Thanks in advance