Are you torn between bringing a claim to the Workplace Relations Commission (WRC) or walking away from the issue? I meet employees on a weekly basis who face this decision. On the one hand they feel they have been treated unfairly, and perhaps unlawfully, in the workplace. But they face the tough decision to submit … 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
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
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
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