The Case of Constructive Dismissal

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.

Divorce: Is Your Pension Your Biggest Asset?

Keeping your pension could be your top priority in the division of marital assets during a divorce, writes Solicitor David Higgins.

Often when discussions about divorce arise, there is an assumption that the family home is the biggest asset and parties to a divorce may place a major focus on the family home. However, in reality, and certainly given property market values of the past few years, a pension may be the most valuable asset.
Typically the parties and the courts will deal with the pension itself, the pension lump sum, spousal death in service benefits and spousal death in retirement benefits. It should be noted that if one spouse has a substantial pension and the other spouse has none …

Read full article from Galway Independent newspaper.

ACCIDENTS: Spectator at a Motor Rally – You must take care for my own safety

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.

The Case of Constructive Dismissal

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.

Constructive Dismissal is one of the most common employment claims taken by employees against former
employers and at Berwick Solicitors, we deal with these claims on a daily basis. Clients have resigned from their jobs because the behaviour of their employer was so unreasonable that they felt that they could not work there again and they then seek compensation for having to leave their employment. However, a constructive dismissal case can be difficult to win, because…

Read full article from Galway Independent newspaper (Oct 07 2015).

The Need For A Solicitor Post Accidents

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 make a claim. 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).

Getting A Divorce

Irish courts have a number of requirements before they will grant a couple a divorce,
writes David Higgins, Partner at Berwick Solicitors.

Marital breakdown is never easy but unfortunately, it is an occurrence in many homes across Ireland. For couples wanting to go their separate ways, divorce allows both parties to move on and indeed remarry if either should so wish.
There are a number of requirements which must be met before a court will grant a decree of divorce. Both spouses must have been living apart from one another for a period of four out of the previous five years…

Read full article from Galway Independent newspaper (Aug 28 2015).

Avoiding Employment Disputes

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 hosted the Galway Chamber of Commerce Business After Hours Event

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Berwick Solicitors hosted the Galway Chamber of Commerce Business After Hours Event for June at its offices in Eyre Square, Galway.
(Photos by Martina Regan).

Coffee Morning in aid of The Shalom Centre

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.

On Yer Bike

Cyclists are vulnerable road users and personal injury awards in the area
tend to reflect this, writes solicitor Emer Mulry.
There has been a significant increase in the number of cyclists on our roads over the past number of years with the introduction of various incentives to encourage people to get on their bikes. While cycling is a great mode of transport, cyclists are involved in 5% of accidents on the roads, according to the Road Safety Authority. Cyclists are very vulnerable to serious injury/

Read More >
(Galway Independent Article June 17th 2015, PDF format )