Are you involved in an unfair dismissal case? Are you confused about the amount of financial compensation that can be awarded? Unfair dismissal legislation provides for 3 types of remedies for the successful employee: reinstatement to the position he held before the dismissal re-engagement involves the employee being given the same position or an alternative … Read more
The vast majority of unfair dismissal cases-as much as 80%- are lost by employers because they have failed to follow fair procedures, not because they didn’t have a good reason for dismissing the employee. All employees, no matter how bad their conduct or how incompetent, are entitled to fair procedures and natural justice-basic fair play, … Read more
A young man, worried about losing his job, contacted me this week. He only has about 11 months service in the job and was concerned that the employer was getting ready to dismiss him before he had the necessary 12 months service for the protection of unfair dismissal legislation. Let me explain. In order to … Read more
Make them fire you. Don’t make it easy for them. Let me explain. If an employer dismisses you it must be a fair dismissal. And if you bring a case for unfair dismissal the employer will have to prove the dismissal was fair and justified. The burden of proof is on the employer. And it … Read more
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 … Read more