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Law Society Gazette feature Crushell & Co
‘Law at work’ motto for new employment law firm
Founder Barry Crushell is a former army officer, who trained with Arthur Cox and, most recently, founded the Dublin and London offices of a US law firm.
Crushell says that the new practice is being launched as the need for clear, concise, and actionable advice on employment-related legal issues is stronger than ever, because of the onset of the COVID-19 pandemic.
Disruption
Crushell & Co Solicitors aims to address the significant disruption to both society
and economy, and the profound impact on the Irish workforce, that has resulted from the virus.
“Our goal is to be a specialist law firm, focusing solely on the application of the law in the Irish workplace. Our Dublin-based solicitors will advise both employers and employees on all aspects of workplace legal and regulatory matters,” he told Gazette.ie.
“Our goal is to build a practice that can bring deep legal knowledge and expertise in servicing both employer and employee client requirements.
“By focusing on a small number of interconnected practice areas, specific to the working environment, such as employment law, data protection and employment immigration, we hope to develop a unique identity as a firm, within the Irish legal market.”
Consequences
Crushell comments that one of the positive consequences of Covid-19 is the rapid adaptation of remote working.
“The pandemic has accelerated the implementation and use of cutting-edge technology, virtual working models and paperless offices within the legal profession.
“There is now the potential to establish a law firm on a lower operating cost, to a larger market, with a more responsive service,” he said.
Methods of working
“COVID-19 has taught us that innovate methods of working are something we can achieve in the ‘here-and-now’.
“A lot of firms are questioning the way they worked pre-pandemic. We have the advantage of taking the lessons we have learned from the crisis and applying our new working systems as a core feature of how we work.
"By combining top-class practice-management systems with agile working practices, we can offer a more streamlined service, at a better rate ... that can only be a positive to our clients,” he said.
A link to the original article can be found HERE.
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The case of Aline Karabko v TikTok Technology Ltd (ADJ-00051600) examines the obligations employers have, under Irish law, when a request for remote work is made by an employee. As the law in Ireland currently stands, there is no right to remote work per se. This may be overcome when an individual has been guaranteed remote work in their contract of employment or remote work has been determined to constitute a reasonable accommodation in accordance with relevant employment legislation, where applicable. However, none of these exceptions applied in the present case.
The case of Dean Hart v Komfort Kare (ADJ00051923) examines the circumstances under which a request for time off, by a parent, from their employer, must be given due consideration.
Dean Hart (the Complainant) brought a complaint under Section 18 of the Parental Leave Act 1998 against Komfort Kare (the Respondent) to the Workplace Relations Commission (WRC), alleging that they denied him the right to take force majeure despite extenuating circumstances.
The case of Care Worker v Costern Unlimited Company (ADJ00046268) examines the circumstances under which it will be deemed reasonable for an employee to resign and bring a claim of unfair dismissal by way of constructive dismissal on foot of a failure of their employer to properly investigate their complaints.
The case of Eric Bentley v Carcharger EV Limited (ADJ00050468) examines the circumstances under which an employee will be entitled to a payment in lieu of notice if dismissed during their probationary period. This is a very interesting case, as it was brought under the payment of wages provisions, but decided upon under notice legislation.
The case of A Job Applicant v A Public Body (ADJ00049321) examines the burden of proof in discrimination claims, particularly when discrimination is being claimed at the interview stage.
The case of Mark Lowry v JJ Fleming and Company Limited (ADJ00036677) examines the burden of proof issues that often arise in constructive dismissal claims. Uniquely, the employer offered no substantive evidence to support their case, yet won, highlighting the very difficult hurdles an employee often faces in bringing an unfair dismissal claim following their resignation.
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