Exceptions to the 12 Months’ Service Requirement in Unfair Dismissal Claims

If you are unfairly dismissed and wish to bring a claim under the Unfair Dismissals Act 1977 you will need to have been employed continuously for 12 months. If you do not have 12 months’ service you cannot bring a claim for unfair dismissal or constructive dismissal if you cannot clear this hurdle. That is … Read more

Technical Breaches of the Law and the De Minimis Rule-the Labour Court’s Approach

What happens if there is a technical breach of the law by an employer but the employee has not suffered any prejudice or detriment? Do you know what the “de minimis rule” is? It might be a good idea to be aware of it. Let me explain. An employer must give an employee a written … Read more

Court of Appeal Clarifies the Legal Right to Representation in Disciplinary Proceedings in the Workplace

A decision delivered by the Court of Appeal at the end of October 2018 throws further light on this question of the right to legal representation in the workplace during disciplinary hearings. This issue was thrown into some degree of confusion by what appeared to be inconsistent High Court decisions in the cases of Lyons … Read more

The Labour Court Recommends €90,000 Compensation In Unfair Dismissal Claim Against Park Hotel

I have written a number of blog posts about probation and the options open to an employee who has been dismissed whilst on probation. The general position is that you cannot bring a claim for unfair dismissal under the unfair dismissal acts for section 2(1) Unfair Dismissals Act, 1977 sets out a number of categories … Read more