Partners

Breda O'Malley - Partner

Breda practises in both Employment and Commercial Law and is currently the Head of the Employment Law team at Hayes solicitors. She advises both employers and employees on all aspects of the employment relationship and she adopts a commercially pragmatic approach to dispute issues, avoiding litigation for her clients where possible, and using her skills as an accredited commercial mediator. Breda is recognised as one of Ireland’s leading advisers in the area of the Transfer Regulations (TUPE). She has advised many employer organisations on TUPE in the context of outsourcing, service provider changes and mergers.

Her commercial and business work includes advising on a wide range of commercial contracts, public tenders and management of commercial disputes. Breda acts for a broad spectrum of clients from multinational corporations and large public entities to indigenous Irish businesses, charities and private clients.

Expertise

Breda practises in both Employment and Commercial Law and is currently the Head of the Employment Law team at Hayes solicitors. She advises both employers and employees on all aspects of the employment relationship and she adopts a commercially pragmatic approach to dispute issues, avoiding litigation for her clients, where possible and using her skills as an accredited commercial mediator. Breda is recognised as one of Ireland’s leading advisers in the area of the Transfer Regulations (TUPE). She has advised many employer organisations on TUPE in the context of outsourcing, service provider changes and mergers.

Her commercial and business work includes advising on a wide range of commercial contracts, public tenders and management of commercial disputes. Breda acts for a broad spectrum of clients from multinational corporations and large public entities to indigenous Irish businesses, charities and private clients.

Experience

  • Commercial contracts - extensive experience drafting and negotiating commercial contracts, framework agreements, public tenders and outsourcing agreements
  • Business advisory - guiding business people in responding to challenges facing their businesses
  • Commercial litigation – experience extending across the range of civil courts and statutory tribunals in Ireland
  • Mediation – Breda is an accredited mediator with the Centre for Effective Dispute Resolution (CEDR) and was also a Council member with the Irish Commercial Mediation Association. She has participated in mediations both prior to litigation and during the course of litigation involving several parties including insurers, public bodies and multinational corporations. She is a skilled mediator of commercial, employment, boardroom, charity trustee and shareholder disputes.
  • Transactional advice (employment law) – Breda advised a popular Irish regional airline on employment issues related to the sale of the business, union recognition, and industrial relations issues, European Union case law developments on holiday pay for flight crew, High Court actions for alleged breach of contract, unfair dismissals and equality cases
  • Outsourcing – Breda advises on a range of issues involved in outsourcing, including commercial restructuring, contractual arrangements, TUPE and other business and employment considerations
  • Key staff – Breda advises on a range of issues affecting the employment relationship between employers and their key staff, including enforcement of restrictive covenants and partnership issues
  • Freedom of Information and Data Protection– Breda has wide-ranging experience in the area of freedom of information and data access requests. Breda is skilled at navigating the legislation in a practical way so as to enable clients to rely on specific limitations and exemptions where strategically appropriate.
  • Partnership law - Breda frequently advises shareholders and business partners as they invest in, develop, or extricate themselves from their business relationships. She has applied her skills in partnership law in many sectors including legal, accountancy, medical, dental and architectural practices.

Qualifications/Education

  • Certificate in Data Protection Law and Practice, Law Society of Ireland, 2016
  • Master Class in Law Firm Management, Outsource
  • Certificate in Commercial Contracts, Law Society of Ireland
  • Diploma in Corporate Governance and Commercial Law, Law Society of Ireland,
  • Accredited Mediator, Centre for Effective Dispute Resolution (CEDR), London
  • Professional qualification as a solicitor, Law Society of Ireland, 1996
  • Bachelor of Laws Degree, Trinity College Dublin.

Memberships

  • Law Society of Ireland Employment and Equality Committee, Member
  • Mediators Institute of Ireland
  • Law Society of Ireland
  • Dublin Solicitors Bar Association
  • One Resolve Mediators Panel
  • European Employment Lawyers Association

Other

  • Breda regularly gives workshops and seminars to professional and trade associations and client organisations on employment and commercial law issues. Her public presentations include:
  • Shared Services in the Irish Public Service – presentation on legal issues at a major Public Affairs Ireland event
  • Understanding Transfer Regulations in Ireland - to senior HR and legal practitioners, a joint presentation with Professor John McMullen from the UK
  • Working Time Directive Regulations - presentation at the annual delegate conference of the Freight Transport Association, Ireland on the legal topics of working time regulations for transport workers and agency workers –
  • A presentation to NAMA on employment issues in an insolvency/debt restructuring context
  • A workshop to the Irish Midlands Solicitors and Bar Association on mediation.


Testimonials