Liquidating a company in ireland
Many, although not all, employment rights contained in the Employment Rights (NI) Order 1996 (ERO), are available only to a person who is an employee.For instance only an employee has a right to a redundancy payment or to claim unfair dismissal.The rules surrounding when European law may be directly applicable are complex and will not be dealt with in these notes.The CJEU makes the final decision on the interpretation of EU law.These notes deal with the main employment rights given to a person by legislation and with the enforcement of those rights.
Decisions of the Court of Appeal for England and Wales are not strictly binding on the Northern Ireland Industrial Tribunal but are very persuasive.
However, there are many areas where Northern Ireland has its own specific legislation and care should be taken to check if this is the case.
For example, the Transferof Undertakings (Protection of Employment) Regulations 2006 is legislation passed by Parliament which applies in Northern Ireland in relation to transfer of undertakings.
Among others, rights in relation to working time, equal pay, transfer of undertakings, fixed-term workers and agency workers all stem from European legislation.
Some EU laws (eg Regulations) are directly applicable but the majority (eg Directives) need to be enacted by domestic legislation.