Unfair Dismissal

Unfair Dismissal- Employment Law -Solicitors Dublin

Where an employer has terminated an employee's contract of employment, the termination of employment is in almost all cases considered automatically unfair, under the Unfair Dismissals Acts 1977-2007.

Therefore if an employee takes an action against an employer for Unfair Dismissal, following the termination of his or her contract of employment, the burden is on the employer to prove that the dismissal was fair. There is one exception to this, referred to as Constructive Dismissal. Constructive Dismissal occurs where an employee is forced to terminate his or her contract of employment as a result of their employer's actions. In these cases the burden of proof is placed on the employee to prove that the actions of their employer were so unreasonable that they had no other alternative but to terminate their contract of employment.

There is a variety of ways in which an employer can prove that an employee's contract of employment was terminated fairly. For example where an employee has had their contract of employment terminated due to a genuine redundancy situation, or where an employee has committed an act of gross misconduct.

Employers need to be very careful before terminating an employee's contract of employment. It is not simply good enough that an employer believes that they are entitled or should be entitled to terminate a person's contract of employment for a particular reason.

Even in circumstances where there is a redundancy situation or where an employee is believed to have committed an act of misconduct an employer is obliged to use correct procedures when deciding to terminate an employee's contract of employment. For example: in a redundancy situation an employer must apply correct redundancy selection procedures. Also in cases of alleged misconduct an employer will need to apply fair disciplinary procedures prior to deciding to terminate an employee's contract of employment.

Where an employer approaches such issues, referred to above, with an open mind and applies correct procedures, it allows the employee concerned to feel satisfied that they have been treated in an open and fair manner.

Where a dispute arises between an employee and an employer regarding the termination of a contract of employment which cannot be resolved between them it is open to the employee to refer their complaint to the Workplace Relations Commission

It is extremely important to remember that an Unfair Dismissal claim must be made within 6 months of the date on which a person's contract of employment is terminated; or they may lose their right to take a case against their employer. There are however limited circumstances in which this time limit can be extended.

If you are seeking representation or advice in relation to the termination of a contract of employment why not contact us today by phone on 01-679 3539 or via email on info@pposullivan.ie to arrange a consultation.


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