Julie Austin

As an employment law specialist, I advise employers and employees on all aspects of the employment relationship. I have significant experience in all forms of employment disputes, including unfair / wrongful dismissal, applications to restrain dismissals, discrimination, redundancies and industrial relations. I am also a member of the firm’s Data Protection & Freedom of Information Team and provide advice to both public and private clients on all aspects of data protection and FOI.

A large part of my work includes providing advice to HR functions on day to day matters including issues arising from stress in the workplace, bullying and harassment and carrying out disciplinary and grievance procedures. I have extensive experience in the drafting and review of employment contracts, handbooks and HR policies and procedures.

I also have a practice in Data Protection advising clients on a range of data protection issues including data breaches, data access requests, international data transfers and data protection related litigation.

I advise a wide range of Irish and multinational corporate, public, commercial semi-state and institutional clients, partnerships and senior executives on all aspects of Irish employment law from recruitment to retirement including contentious, advisory and transactional work.

I have advised a number of public authorities in Ireland on data protection compliance. Most recently I have carried out GDPR implementation projects for the Irish Competition Authority and GSOC (the Irish Police Ombudsman).

What others say…

Clients explain that “everything is delivered with excellence; she is very knowledgeable and passionate.”

Chambers Europe 2019

Julie Austin

Locations

What others say…

Articles Written

Personnel effects: Employee trends in European financial services

On International Women’s Day – Confirmation That Gender Pay Gap Legislation Is On Its Way

Data Protection Commission Releases Annual Report

The Real Pain of Non-Disclosure of Rugby Injuries

UK Court of Appeal holds Morrisons Vicariously Liable for Malicious Data Breach

Employee dismissed for misusing sick pay scheme

UPC Communications Ireland Limited v the Employment Appeals Tribunal – Recent Judicial Review Proceedings

WRC Adjudicator cites controversial Lyons case in recent decision

Doubt expressed by WRC over requirement for job applicants to provide photographs

Rescinding Job Offers – recent case law from the High Court

3. Based on the Lyons v Longford & Westmeath decision, will employer investigations now become like mini legal proceedings?

2. In the case of a serial complainant, is the company obliged to hear multiple grievances which are believed to be false when there are concerns about the mental stability of the complainant?

1. We have two colleagues who have verbal agreements to work from home. They have been doing so for more than 5 years. What protection do they have as this is not included in their contract of employment? Can the empl...

3. When carrying out an investigation, how should HR proceed if An Garda Síochána are involved?

2. Can suspension result in a constructive dismissal case?

1. With respect to indirect age discrimination and given the higher proportion of younger graduates in the working population, can we specify that a degree is an essential criteria when advertising a job vacancy?

3. Can a role be offered subject to satisfactory references?

2. Is it acceptable to provide an ex-employee with a “statement of employment” as opposed to a reference? And do we need to include the reason for leaving in this statement or reference?

1. Is there a legal obligation to provide a reference?

Removal of Degree Classification from Job Specifications – the Latest Trends

3. We are currently reviewing our Employee Handbook. Do we need to ask our employees to consent to any changes?

2. We have an employee who recently began wearing a headscarf to the office. We would prefer for the workplace to remain free of any religious or political attire. Can we ban the employee from wearing her headscarf to...

1. Can a company enforce a policy that annual leave must be taken within the leave year and not allow any carry forward of holidays?

Protecting the Identity of Whistle-blowers - A Stark Lesson

3. We have read a number of stories in the press recently regarding the “gig economy”. Is this a new term in employment law that we need to be concerned with?

2. A number of our former employees are continuing to contact customers through LinkedIn following the termination of their employment. Can we do anything to prevent this?

1. Our sales team wants to dismiss a new hire at the expiry of his probationary period. Are there any issues that we need to be aware of?

The wearing of religious headscarves at work: ECJ's two landmark rulings

3. We believe that an employee was under the influence of alcohol during working hours however we were unable to prove this. What is the current position on breathalysing employees at work?

2. We have an employee on long term sick leave - what level of contact can/should we have with that employee?

1. We have a multi-lingual workforce. Can we insist that all staff only speak English while at work?

Woman sacked after telling boss of pregnancy awarded €30,000

Instructing an Employee to speak English held not to be discriminatory

4. Can covert surveillance be used as evidence when carrying out an investigation?

3. Can employees use secret recordings of investigation meetings as evidence in a tribunal hearing?

2. During a workplace investigation, under what circumstances can you suspend an employee?

1. Our disciplinary policy does not permit a solicitor to attend an investigation meeting. Only a colleague or trade union representative may attend. Is this lawful?

Less than 1 in 4 new fathers availing of Paternity Leave

Was your office extra quiet yesterday? - National "Sickie" Day could be the reason

Whistleblowing Legislation Continues to Gain Momentum

To ask or not to ask - requesting details of illnesses in sick certificates

Labour Court grants first award under Protected Disclosures Act 2014

Data Protection Commissioner Annual Report 2015 - What Employers Need to Know

The General Data Protection Regulation - What it means for employers

What is TUPE?

The Spent Convictions Act – What this Means for Employers?

EU General Data Protection Regulations approved

New protections proposed for workers in new labour study

Former Clerys workers awarded compensation over consultation breach

Mentioned In...

On International Women’s Day – Confirmation That Gender Pay Gap Legislation Is On Its Way

Data Protection Commission Releases Annual Report

McDowell Purcell (now Fieldfisher Ireland) Partner Julie Austin joined the panel discussion on ‘Flexible Working Arrangements’ on RTE Radio 1

The Real Pain of Non-Disclosure of Rugby Injuries

UK Court of Appeal holds Morrisons Vicariously Liable for Malicious Data Breach

McDowell Purcell (now Fieldfisher Ireland) host seminar on Mandatory Retirement and Age Discrimination

Contracts for the Modern Employment Relationship

The debut publications of the European Data Protection Board (EDPB)

Employers succeed in reasonable accommodation case

More guidance for Employers on Mandatory Retirement

Employer successful in long-term sickness dismissal case

Max Schrems: The GDPR’s first disciple

Opt-in consent emails – an unnecessary evil?

WRC Promotion Age Discrimination Case

EU set to propose legislation to protect whistleblowers

Spent Convictions and the Right to be Forgotten: NT1 & NT2 v Google LLC

WRC clarifies positions on disability discrimination where employee is not disabled and positive discrimination

Halting Workplace Investigations

GDPR 12 Step Programme

Recent age discrimination case in the WRC – what employers need to be conscious of in retirement situations

Article 23 exemptions from GDPR for regulatory bodies

Court of Appeal clarifies the law in relation to reasonable accommodation for disabled employees

The New Code of Practice on Retirement Age

Employee dismissed for misusing sick pay scheme

Compulsory Retirement & Age Discrimination – Significant Development

UPC Communications Ireland Limited v the Employment Appeals Tribunal – Recent Judicial Review Proceedings