Unfair Dismissal

The 2 Tests for Constructive Dismissal (And Some Advice for Employers)

There are 2 important tests which need to be reviewed in all claims of constructive dismissal. These tests emanate from the Employment Appeal Tribunal. We now have the WRC adjudicating on these claims, but the same principles apply, and they emanate from a seminal decision from the Supreme Court in 2009, Berber (respondent) v Dunnes Stores …

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Without Prejudice Negotiations Can Be High Risk for Employers if Not Handled Correctly

“Without prejudice” negotiations in an employment dispute can be an incredibly useful tool. For many employers, they represent the best route to an acceptable outcome to an employment dispute. Because, quite frankly, the employer often “hasn’t a leg to stand on”. You wouldn’t believe what some of them get up to! However, if they are …

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Constructive Dismissal-The Burden of Proof on the Employee is a Heavy One

Can we be honest? Constructive dismissal cases are difficult to win because the burden of proof is on the employee to prove that she had no other option but to resign due to the unreasonableness of the employer. The January, 2013 decision of the Employment Appeals Tribunal in the case of Daniel O’Gorman v Glen …

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Unfair Dismissal During the Probationary Period-the Options Open to the Employee

Many employers believe, wrongly, that they can easily dismiss an employee once they are still within the probationary period. This is mistaken. Even employees on probation are entitled to natural justice and fundamentally fair procedures. While the employee may not have the necessary service (12 months) to avail of the protection of the Unfair Dismissals …

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Unfair Dismissals and Constructive Dismissal In Ireland-The Facts You Should Know

It’s an easy mistake to make. If you’re an employer, unfairly dismissing an employee is, regrettably, commonplace. Did you know that the top category of employment related claims in Ireland is for unfair dismissal? What’s considered to be unfair is very broad-and if you consider illness related dismissals, and failing to ensure fair procedures, it’s …

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