The maximum amount that can be awarded in an unfair dismissal case is 2 years’ remuneration (section 7, Unfair Dismissals Act, 1977). I had never seen it awarded until this case, DHL Limited and Michael Coughlan, in which Mr. Coughlan was awarded €72,042.88 by way of compensation. On the 28th July, 2017 the Labour Court … Read more
There’s a Polish woman (Agnieszka) from outside Maynooth who came to me one day about 15 months ago. She told me a story I found hard to believe. But I can assure you it was true. She told me she came to Ireland about 12 years ago and got a job in a shop. Agnieszka … Read more
Let me tell you a story. Last year a small shop owner in Westmeath, Mick*, faced a claim from a dismissed employee on the grounds of unfair dismissal. The employee, Séamus*, worked for Mick for about 18 months, or so. The background was typical enough. Seámus started off well in the job, full of enthusiasm. … Read more
If I am representing an employee in an unfair dismissal case I will nearly always argue that the sanction of dismissal was excessive and disproportionate. That a reasonable employer would not have gone that far, and a lesser sanction would have been more appropriate. The employer, or his representative will claim that the action was … Read more
Are you confused about the law surrounding unfair dismissal in Ireland? Do you know the difference between unfair dismissal and constructive dismissal? You should, you know, before embarking on an unfair dismissal claim. Or, if you are an employer, defending such a claim. In this piece, I am going to give you 15 things in … Read more