Commercial / Business & Employment Litigation

The relationship of employer and employee exists when a contract of service is made between two persons. Such a contract is a legally binding promise, one to the other that the employee for reward will undertake the work of the employer under the control of the employer. It is to be distinguished from such legal relationships as principal and independent contractor, where the latter works to produce a required result but in the actual performance of the work he is not under the order or control of the person for whom he does the work and he may use his own discretion in things not specified beforehand.

The contract of service is to be distinguished from agency. An agent is a person who is authorized to act for a principal and has agreed so to act and who has the power to affect the legal relationship of his principal with a third party.

Employment law is also concerned with unfair contracts of service and the Industrial Relations Act, recently amended in June 2002. The Court has broad powers and if a contract is found to be unfair the Court can make orders varying the contract retrospectively and then make orders awarding damages. For example, it is common to claim that the contract of employment was unfair because it did not require the employer to make more generous payments when dismissing an employee.

At Malouf Solicitors our experienced lawyers understand employment law and we advise both employers and employees.

From formation of the contract of service to termination and including performance, variations, redundancy advice, unfair dismissal and restraint of trade you can rely upon us for prompt answers to your employment problems.

Malouf Solicitors can help you resolve Commercial, Business or Employment disputes often by negotiation and in many cases, without the cost and stress of Court.

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