Are you an employer? How would you feel about having to pay a dismissed employee’s salary from the date of dismissal to the date of the hearing? Or even to the date of the decision of the adjudication officer? And how would you feel about accepting the employee back into his old job? That is … Read more
Any decision to make an employee redundant runs the risk of being challenged by the employee with a claim to the Workplace Relations Commission for unfair dismissal. In a non collective redundancy the employer needs to be absolutely satisfied that The redundancy is a genuine one, not a sham or a ruse to terminate the … Read more
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
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
Did you know that you cannot bring a claim for unfair dismissal and discriminatory dismissal at the same time? They are considered to be parallel complaints and you will have to choose one or the other. Let me clarify: section 77 of the Employment Equality Act, 1988 states 77.— F117 [ (1) A person who … Read more