Constructive Dismissal claims are increasingly common but the onus is on the employee to show that it was reasonable to terminate his or her contract.

People are often left with no alternative but to resign from their jobs because the behaviour of their employer was so unreasonable that they felt that they could not work there anymore. This is known as Constructive Dismissal and is one of the most common employment claims taken by employees against former employers…

Read full article here.

The law expects you to take care for your own safety.
In other words, even though a wrong might be done by another person, you need to act in such a way as to protect yourself. A good example of the above arose in a recent Galway case where a Spectator at a Motor Rally suffered very severe injuries (Murphy –V- Various Motor Clubs etc (High Court).
In this case, the Spectator and three friends were attending a Motor Rally in Kilchreest. The Rally took place in a restricted area where the roads had been closed off to other drivers. Having entered the restricted area, the Spectator and his friends walked to an area where there was a Marshal but then proceeded beyond this point to another vantage point. The Spectator was in a sitting position in this vantage point, sitting on a rock.
This location was only two/three meters away from a “crest/ramp ” on the road; they picked this location because the Rally cars were “tested” at this point (typically the wheels of the cars jumping into the air). The Spectator was in a sitting position and using his camcorder, whereas his friends were in a standing position. Unfortunately, one of the Rally cars left the road…

Read full article from Galway Advertiser newspaper.

There are several advantages of engaging a solicitor to process your personal injury case, rather than attempting to do so yourself, writes solicitor Martin Kerrigan.

If you have suffered an injury through the fault of another, you may be entitled to compensation. It is important to seek advice from a solicitor at an early stage for several reasons…

Read full article from Galway Independent newspaper (Sept 23 2015).

Employers continue to make mistakes when it comes to employment law but this can be easily
rectified to avoid any litigation, writes David Higgins, Partner at Berwick Solicitors.

Employment law disputes can be some of the most destructive disagreements that come before the Workplace Relations Commission or the courts and very often, employers face such suits because they have negated on following some basic steps that are required under employment legislation.
For any employer, it is imperative that your employee/s have a contract of employment. This is a legal necessity under The Terms of Employment (Information) Act 1994. It provides that an …
Read full article from Galway Independent newspaper (July 15 2015).

Berwick Solicitors hosts a Coffee Morning in aid of The Shalom Centre for Conflict Resolution & Reconciliation, Africa on:
Wednesday 22 July 2015, 10am – 1pm, at our offices: 16 Eyre square, Galway.

Please click here for details.