2. Employment Law Unit
McDowell Purcell’s Employment Unit consists of three dedicated solicitors who specialise in
Employment Law.
The Employment Unit is led by Peter McInnes, who is recognised in Chambers Europe law
directory as a leading practitioner in the field of employment law in Ireland. Peter is supported
by two experienced solicitors, Sinead Likely and Julie O’Neill.
The Employment Unit represents both corporate clients and senior executives by providing
them with expert and timely advice that is tailored to meet their individual needs and
circumstances.
3. What We Do
McDowell Purcell’s Employment Unit provides advice to clients during all stages of the employment relationship
from beginning to end.
McDowell Purcell provides clients with advice and guidance in connection with the drafting and negotiation of
contracts of employment, consultancy agreements and all forms of HR policies and procedures in line with the
requirements of the clients and relevant employment legislation.
We provide legal advice in respect of employment and related arrangements and issues arising during the course
of same or on the termination thereof. McDowell Purcell can also provide advice and assistance in connection with
recruitment of staff generally to ensure compliance with principles of equality and fair selection.
McDowell Purcell’s Employment Unit has experience providing assistance and guidance in grievance and
disciplinary procedures and advice in proactive anticipation of employment law issues that may arise,
implementing new legislation and best practice and managing difficult employment issues.
McDowell Purcell can also provide advice in connection with employee entitlements pursuant to superannuation
schemes and related benefits through our Pensions Unit.
4. Non-contentious Employment Law:
Drafting employment contracts for senior executives, employees and consultants, severance
agreements and HR policies/procedures.
Advising on all aspects of human resources including recruitment, reorganisations,
rationalisations, incentives and terminations.
Advising in relation to pension matters.
Advising on trade union matters.
Assisting with compliance, in particular with grievance, disciplinary, harassment and bullying
procedures
Providing support in corporate acquisitions and disposals, including due diligence exercises
and drafting and negotiating employment warranties and indemnities.
Advising on transfer of undertakings and outsourcing issues.
Assisting on work- related immigration issues.
Advising in relation to health and safety matters generally.
Conducting health and safety- related litigation.
5. Contentious or Potentially Contentious Employment Law:
Pursuing and defending claims before the Rights Commissioner Service, the Employment Appeals
Tribunal, the Labour Court, the Equality Tribunal and the Civil Courts.
Civil Court litigation includes - injunction applications to restrain dismissals and unlawful industrial
action, breach of contract claims, restrictive covenant/confidentiality enforcement, shareholder
oppression/derivative actions, defending personal injury actions for stress and bullying, judicial
review.
Advising and participating in mediation of employment disputes and dispute resolution procedures
and negotiating and drafting settlement agreements.
6. Our People
McDowell Purcell work hard to attract and retain talented people.
The lawyers in our Employment Unit are practical and commercially minded
practitioners who are leaders in their sectors and work with clients to achieve their
goals.
Peter McInnes, Partner
Head of Employment Unit
Email: pmcinnes@mcdowellpurcell.ie
Tel: +353 1 828 0653
8. Peter McInnes
Partner
Areas of Expertise: Employment Law
Admitted as a solicitor: 1991 (Scotland), 1996 (Ireland)
CEDR accredited mediator
Skills
Peter McInnes specialises in employment law. He provides a full range of legal services to a diverse range of corporate clients and senior
executives on contentious and non-contentious employment law issues. Peter has significant experience of all forms of employment
disputes, including unfair and wrongful dismissal, applications to restrain dismissals, discrimination, redundancies, both individual and
collective, and industrial relations. Peter is also extremely knowledgeable on issues that arise in shareholder/boardroom disputes in both
private and public companies.
On the non-contentious side, Peter advises on all employment issues arising in the course of the employment relationship and in
connection with business acquisitions/re-organisations. He is a frequent conference speaker on employment law issues and is regularly
involved in providing training to clients.
Peter is also an experienced commercial litigator. He has acted for a number of clients in Commercial Court cases arising from
shareholder/boardroom disputes in both private and public companies.
Peter is a CEDR accredited mediator and has considerable mediation experience both in relation to employment and commercial
disputes.
Recent Experience:
•Represented Marine Terminals Limited, part of the UK based Peel Ports Group, on major restructuring of its operations. Successfully
defended the company in the first ever Labour Court hearing under the Protection of Employment (Exceptional Collective Redundancies)
Act 2007. Advised the company in relation to official industrial action taken by employees and successfully sought injunctions preventing
the employees from picketing in an unlawful manner;
•Provides ongoing employment advice to Salesforce.com in relation to a wide range of employment issues;
•Advises the consulting arm of Deloitte in respect of various projects, including advice to Toyota Ireland in respect of restructuring and
outsourcing issues and advising Daiwa Securities Trust Inc, a multinational securities trust group based in Japan, on the re-negotiation of
senior management remuneration packages and bonus schemes;
9. •Represented a senior employee of a large statutory body in challenge to her dismissal which involved bringing an application for an
interlocutory injunction to the High Court to restrain dismissal. The case settled on agreed terms some time later;
•Advised a multinational telecoms company on a rationalisation process involving site closure and the loss of approximately 300 jobs;
•Acted for Group Finance Director of the Treasury Holdings Group plc in relation to entitlement under a long-term incentive plan
(“LTIP”). Brought an application for a mareva injunction to the High Court preventing the dissipation of the money held by the Company
and subsequently settled the case on agreed terms.
Qualifications
•LLB 1988, Glasgow University
•Admitted as a solicitor in Scotland, 1991
•Admitted as a solicitor in Ireland, 1996
•CEDR accredited mediator
Memberships
•The Law Society of Ireland
•Dublin Chamber of Commerce
•Employment Law Association of Ireland
•Commercial Litigation Association of Ireland
•Irish Commercial Mediation Association (ICMA)
Recommendations
•PLC Which Lawyer? 2010 – Recommended Lawyer
•Chambers Europe Law Directory 2010 – Recommended Practitioner. Peter is described as an “extremely experienced and
knowledgeable operator, and his advice is definitive."
•Chambers Europe Law Directory 2009 - Recommended Practitioner. One source describes him as “a forceful litigator who never
loses sight of a client’s goals.”
10. Sinead Likely
Associate
Areas of Expertise: Employment Law
Admitted as a solicitor: 2007
Skills
Sinead Likely is a solicitor specialising in Irish employment law. She advises a wide range of corporate and private clients on all
aspects of Irish employment law including contentious and advisory work. Sinead regularly advises clients on employment rights,
contracts of employment, policies and procedures in the workplace. She also advises in relation to internal reorganisations,
terminations, disciplining and dismissal and the handling of internal inquiries.
In contentious areas, Sinead advises on all types of employment disputes including injunction applications, judicial review applications,
unfair and constructive dismissals, discrimination claims and actions for breach of contract. She regularly appears before the Circuit and
High Courts, the Labour Relations Commission, the Employment Appeals Tribunal and the Equality Tribunal representing employers
and employees.
Recent Experience:
•Provides ongoing employment advice to large international logistics company in relation to a number of employment related issues.
Sinead has represented this client in defending Rights Commissioner claims taken by employees relating to redundancy and unfair
dismissals, transfer of undertakings, working time entitlements and payment of wages disputes. Sinead has also negotiated various
settlement agreements on behalf of this client and has advised it in relation to restructuring and short-time issues;
•Advises the consulting arm of Deloitte in respect of various projects, including advice to Toyota Ireland in respect of restructuring and
outsourcing issues and advising Daiwa Securities Trust Inc, a multinational securities trust group based in Japan, on the re-negotiation
of senior management remuneration packages and bonus schemes;
•Provides employment law advice to US multi-national electronics company in relation to Irish employment law issues;
11. • Advising senior executive of strategic management consultancy firm in relation to various employment and performance issues.
Represented client at hearing and appeal stage of disciplinary process;
• Represented senior employee of international insurance company in relation to disciplinary process and subsequent challenge of his
dismissal, which involved a claim for unfair dismissal to the Employment Appeals Tribunal. Following successful mediation, the
matter later settled on agreed terms;
• Represented senior employee of international pharmaceutical company in relation to her redundancy and subsequent challenge to
same. Negotiated settlement on agreed terms some time later;
• Provides ongoing advice to HR consultancy firm in relation to variety of employment law issues
Qualifications
B. Corp. Law 2001, LLB 2002, National University of Ireland
Admitted as a solicitor 2007
Memberships
The Law Society of Ireland
Dublin Chamber of Commerce
Employment Law Association of Ireland
Commercial Litigation Association of Ireland
12. Julie O’Neill
Solicitor
Areas of Expertise: Employment Law
Admitted as a solicitor: 2009
Skills
Julie O’Neill is a solicitor specialising in employment law. Julie provides both employers and employees with advice in respect of contentious
and non-contentious employment matters. She has advised on various aspects of employment legislation including unfair dismissal,
redundancy, working time and holidays, industrial relations, immigration, protective leave and employment aspects of commercial transactions.
On the contentious side, she has experience in employment related civil actions before the High Court involving breach of contract and
injunction applications and statutory actions before the Employment Appeals Tribunal, the Rights Commissioner Service and the Equality
Tribunal.
Julie has written a number of employment law articles, most recently her work was published in the Employment Law Review. Julie also
provides advice at the Free Legal Aid Employment Law Centre in Dublin.
Julie’s recent experience is detailed below.
•Advised Marines Terminals Limited (“MTL”) on the restructuring of its operations including the implementation of collective redundancies, short
time working and changes to terms and conditions of employment. Advised MTL in relation to official industrial action taken by employees at
Dublin Port which involved assistance in negotiations with the trade union, the Labour Relations Commission and Labour Court. Successfully
defended MTL in the first ever Labour Court hearing under the Protection of Employment (Exceptional Collective Redundancies Act) 2007.
Sought two High Court injunctions preventing the employees from picketing in an unlawful manner;
•Represented a senior employee of a large statutory body in a challenge to her dismissal which involved bringing an application for an
interlocutory injunction to the High Court to restrain dismissal. The case settled on agreed terms some time later;
13. • Acted for Group Finance Director of the Treasury Holdings Group plc in relation to entitlement under a long-term incentive plan
(“LTIP”). Brought an application for a mareva injunction to the High Court preventing the dissipation of the money held by the
company and subsequently settled the case on agreed terms;
• Represented a director of one of Ireland's leading property development and construction companies in a challenge to his
suspension which involved bringing an application for an interlocutory injunction to the High Court to restrain suspension. Advised
the director during the course of a lengthy and complex investigation and disciplinary process;
• Provides ongoing employment advice to Salesforce.com in respect of various employment issues including the utilisation of fixed
term contracts, the conducting of disciplinary, grievance and performance improvement procedures, termination of contracts of
employment and preparation of severance agreements;
• Advises an IT solutions and services company on employment law issues including termination of employment and reviewing
contracts of employment and contracts for service. Represented the company in the Equality Tribunal against a claim for pregnancy
related discrimination under the Employment Equality Acts 1998-2008. Represented the company in the Rights Commissioner
Service against a working time claim under the Organisation of Working Time Act 1997.
• Advises a large warehouse and logistics company employing approximately 200 individuals in relation to day to day employment
issues including the conduct of disciplinary procedures, restructuring of pay and termination of employment.
Qualifications
BComm 2005 (1H), University College Cork
Admitted as a solicitor 2009
Diploma in Employment Law, 2009, Law Society of Ireland
Diploma in Commercial Litigation, 2010, Law Society of Ireland
Memberships
The Law Society of Ireland
Dublin Chamber of Commerce
Employment Law Association of Ireland
Commercial Litigation Association of Ireland
14. Full Service Law Firm
In addition to our specialist employment law unit McDowell Purcell offers a full service legal practice to a wide variety of clients.
Practice areas include:
Regulatory and Administrative Law
Pensions
Commercial Litigation
Corporate and Renewable Energy
Corporate Restructuring and Insolvency
Commercial Property
Banking & Finance
Added Value
McDowell Purcell continually updates employment law clients on new legislation and recent case law, which may be of importance or
relevance to them. Such updates feature in our quarterly electronic publication, “McDowell Purcell eNews”. In addition, McDowell
Purcell has introduced an eAlerts service whereby short legal updates are provided throughout the year.
Contact Us
Tel: 353 1 828 0600
Email: pmcinnes@mcdowellpurcell.ie
Web: www.mcdowellpurcell.ie