Advises on Unfair Dismissal, Constructive Dismissal and Wrongful Dismissal and all issues flowing from the employment relationship

We can provide advice to both employee and employer on the ending of the employment relationship. Aggrieved employees have a choice of legal remedy:

  1. An action for wrongful dismissal in the civil courts where breach of contract or breach of constitutional rights is alleged. There is a 6-year limitation period; or
  2. A claim within 6 months (12 months in “exceptional circumstances”) of the date of dismissal to the Employment Appeals Tribunal or Rights Commissioner under the Unfair Dismissals Acts 1977-2007.

Redress for unfair dismissal under the Unfair Dismissals Acts 1977-2007 apply to employees who:

  • are employed under a contract of employment whether oral or in writing;
  • have been dismissed or can prove that the employer’s conduct was so unreasonable that resignation was justified;
  • have one year’s continuous service. This service is not necessary where dismissal is on grounds of pregnancy or related matters, race, age, religion or trade union activity
  • are aged 16 years and over;

The Acts also apply to persons who are employed by or through employment agencies or directly by the employer. Once it is accepted that the employee was dismissed then the onus is on the employer to prove that the dismissal was not unfair. Certain specific grounds for dismissal are also deemed to be unfair:

  • trade union membership/activity
  • pregnancy or matters related
  • exercising statutory maternity rights
  • religious or political opinions
  • age
  • sexual orientation
  • membership of the travelling community
  • taking legal action against the employer_

There are certain grounds substantially justifying dismissal and we set same out herewith:

  • · capability, competence or qualification
  • · conduct
  • · redundancy provided selection criteria and procedures are fair
  • · other substantial reasons
  • · fixed term contracts and fixed purpose contracts (with certain exceptions).

Essentially we will advise on your rights and whether or not you meet the criteria in relation to a claim for unfair/wrongful/constructive dismissal. We will advise on the strengths and weaknesses of your case and how matters will proceed in the event you decide to pursue your case.

 

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