Breda O'Malley - Partner
Breda practises in Employment law and leads the Employment Law team at Hayes solicitors. She advises both employers and employees on all aspects of the employment relationship. Breda adopts a commercially pragmatic approach to dispute issues, avoiding litigation for her clients where appropriate, and using her skills as an accredited commercial mediator.
Breda is a prominent adviser in the area of the Transfer Regulations (TUPE), where she has advised employers outsourcing and changing service providers. Her previous legal practice in commercial law work strongly influences her pragmatic business focused approach to the clients she advises. Breda acts for a broad spectrum of clients from multinational corporations and large public entities to indigenous Irish businesses, charities and private clients on the employer side. She also acts for C-suite executives in PLCs and multinationals.
Repeatedly, she is praised by clients for ‘digging deep’ on their behalf, and going the extra mile. A Partner in a large law firm whose client engaged Breda as a mediator has described Breda as ‘sensational’, gave her top marks and highly recommended Breda to his legal team for future mediations.
Expertise
Breda practises in Employment law and leads the Employment Law team at Hayes solicitors. She advises both employers and employees on all aspects of the employment relationship. Breda adopts a commercially pragmatic approach to dispute issues, avoiding litigation for her clients where appropriate, and using her skills as an accredited commercial mediator.
Breda is a prominent adviser in the area of the Transfer Regulations (TUPE), where she has advised employers outsourcing and changing service providers. Her previous legal practice in commercial law work strongly influences her pragmatic business focused approach to the clients she advises. Breda acts for a broad spectrum of clients from multinational corporations and large public entities to indigenous Irish businesses, charities and private clients on the employer side. She also acts for C-suite executives in PLCs and multinationals.
Repeatedly, she is praised by clients for ‘digging deep’ on their behalf, and going the extra mile. A Partner in a large law firm whose client engaged Breda as a mediator has described Breda as ‘sensational’, gave her top marks and highly recommended Breda to his legal team for future mediations.
Experience
- Mediation – Breda is an accredited mediator with the Centre for Effective Dispute Resolution (CEDR) and she is 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 employers/employees, insurers, public bodies, charities and multinational corporations, concerning commercial, boardroom, charity trustee and shareholder disputes.
- Providing best practice executive and employment contracts of employment, and employment related policy documents.
- Providing an emergency “help desk” type support to clients, to deal with crisis issues that arise on a day to day basis in a business, where Breda and her team bring a pragmatic, commercial solution based approach to our clients.
- Guiding employers through collective industrial relations and employee relations issues and challenges that arise.
- Litigation - Representing employers at the Workplace Relations Commission, Labour Court, Circuit Court and High Court, in relation to employment litigation.
- Outsourcing – Breda advises on a range of issues involved in outsourcing, contractual arrangements, TUPE, exit management and other business 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, share option arrangements and partnership issues.
- 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.
- Breda provided a workshop to the senior management team in nursing home chains, on employment and regulatory issues relevant to the care sector.
- Freedom of Information and Data Protection – Breda has experience in the area of Freedom of Information and Data Protection so as to enable clients to rely on specific limitations and exemptions where strategically appropriate.
Qualifications/Education
- Bachelor of Laws Degree, Trinity College Dublin
- Professional qualification as a solicitor, Law Society of Ireland, 1996
- Accredited Mediator, Centre for Effective Dispute Resolution (CEDR), London
- Diploma in Corporate Governance and Commercial Law, Law Society of Ireland,
- Certificate in Commercial Contracts, Law Society of Ireland
- Master Class in Law Firm Management, Outsource
- Certificate in Data Protection Law and Practice, Law Society of Ireland, 2016
- Advanced Leadership Course, Timoney Leadership Institute, 2018
Memberships
- Law Society of Ireland Employment and Equality Committee
- Timoney Leadership Institute
- Centre for Effective Dispute Resolution (Mediation), Irish Commercial Mediation Association
- 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
‘Extremely responsive’ and ‘has an extremely comprehensive knowledge of all TUPE-related issues and wider employment law'
"She gets to work immediately, understands and appreciates the delicacy of the issues and the challenges involved, and gives very sound, practical advice based on reality, offering really effective solutions."
"Your wisdom, clarity and expert advice over the past few weeks is deeply appreciated.”
"You were excellent and really gave it your all to try and find a solution. You went beyond what mediators do generally."
"Working with you and all your colleagues in Hayes over the years was simply a pleasure. I always knew we could have complete confidence in the advice you gave us. It was always rigorous, set out with crystal clarity and always provided without delay."
"On the mediation front you were sensational. Top marks and highly recommended to the rest of team for future mediations."
"I am forever grateful for your warmth and patience and while I know you were impartial, your honesty and effort on the day has made me feel blessed you were there. You have restored my faith in people in power. I am forever thankful."
"Provides high-value guidance."
"Her support and advice was top class; she walked us through the issues."
Sources highlight Breda O'Malley's "expertise in TUPE," as well as the fact that she is "very knowledgeable, direct, hands-on and practical."
Employment head Breda O'Malley focuses on assisting employers with issues such as unionisation and company reorganisation. "She is such an experienced lawyer and knows how businesspeople think. She is also very honest and challenges the client in the right way," say clients.
"Hayes solicitors shows 'personal care and attention' to clients' needs. Team head Breda O'Malley 'cuts through to the issues'."