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What is Unfair Dismissal?

Unfair dismissal in the workplace is a serious issue that can significantly impact an individual’s career and financial well-being. If you believe that you have been unfairly dismissed from your job, it is important to understand your rights and options.

In Ireland, employees have certain rights and protections under the law regarding dismissal. Employers must follow fair procedures when dismissing an employee and have valid reasons for doing so. If you feel that you have been unfairly dismissed, you may be entitled to seek compensation or take legal action to challenge the dismissal.

"I could not have done this without the expert guidance and advice from Mel and the team at employment matters, the outcome here was so much more than I could have hoped for and certainly they will be a lot more careful the next time!"

Types of Unfair Dismissal in the Workplace

Unfair dismissal in the workplace can take many forms. Some examples that may constitute unfair dismissal include:

These are just a few examples of what may constitute unfair dismissal in the workplace. We can help you understand your rights and options and guide you through seeking justice and challenging the dismissal. 

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Who Qualifies For Unfair Dismissal

In Ireland, an employee may be eligible to make an unfair dismissal claim if they meet the following criteria:

  1. The employee must have been employed by the same employer for at least one year. This period is reduced to six months for employees under 18 years of age or protected by the Fixed-Term Employees Act.
  2. The employee must have been dismissed by their employer. This includes situations where the employee’s contract or employment was terminated without notice.
  3. The employee must not have been dismissed for a fair reason. According to Irish law, an employee may be dismissed for a fair reason if they are guilty of gross misconduct, incapable of performing their duties, or if there is a genuine redundancy.

 

Employees who meet these criteria may be eligible to make an unfair dismissal claim. It is important to note that there are time limits for making an unfair dismissal claim, so it is important to seek legal advice as soon as possible if you believe you have been unfairly dismissed.

The Remedies for Unfair Dismissal

If an employee is successful in an unfair dismissal claim in Ireland, they may be entitled to one or more of the following remedies:

Reinstatement: The employee will return to their former position with their employer.

Re-engagement: The employee will be offered a new position with their employer.

Compensation: A monetary award paid to the employee to compensate them for any loss or damage due to their unfair dismissal. The amount of compensation an employee may be entitled to will depend on various factors, including the employee’s age, length of service, and the impact of the dismissal on their ability to earn a living.

It is important to note that an employee may not be entitled to all of these remedies, and the specific remedy that is awarded will depend on the individual circumstances of the case. 

How Employment Matters Can Assist You

If you have experienced unfair dismissal in the workplace in Ireland, our law firm can assist you in taking legal action to challenge the dismissal and seek justice under Irish law.

In Ireland, employees have certain rights and protections under the law regarding dismissal. Employers must follow fair procedures when dismissing an employee and must have valid reasons for doing so. If you feel that you have been unfairly dismissed, you may be entitled to seek compensation or take legal action to challenge the dismissal.

Our team of experienced solicitors has a deep understanding of Irish employment law and can help you navigate the process of making a claim for unfair dismissal. We can provide you with information about your rights under Irish law, help you gather and present evidence, and represent you in any legal proceedings that may be necessary.

If you have experienced unfair dismissal in the workplace in Ireland, don’t hesitate to seek legal assistance.

Download our Free Guide on Unfair Dismissal below!

Unfair Dismissal FAQs

Typically you must have at least 12 months of continuous service with your employer before bringing a claim for unfair dismissal.

It qualifies as unfair dismissal if you have been dismissed from work because you are pregnant or on maternity leave. Other reasons include:

  • You have asked for your legal rights at work
  • Worked in a shop and refused to work on a Sunday 
  • Have reported to your employee for wrongdoing, known as whistleblowing.

Examples of fair grounds for dismissal are redundancy and qualification issues. Your employer must show evidence that the dismissal was fair and that they followed fair procedures before dismissing you. You can ask your employer for a written statement on why you were dismissed.

It can happen in two circumstances:

  1. An employer terminates an employee’s contract without any substantial reason for their dismissal.
  2. An employee terminates their employment due to the conduct of the employer. Also known as constructive dismissal.

How does it work?

Do you have a claim?

We start by establishing whether or not you have a claim.

Get planning

Then, if you do and you want to pursue it, we’ll help guide you through the complex process of making that claim.

Don't delay!

That said, you only have a limited time to lodge your complaint to the WRC or Labour Court, so act fast.

Unfairly dismissed from your job?

Don't let it go unanswered. Get justice today. Contact our experienced employment solicitors now.​

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