Unfair Dismissal in Ireland-Employment Rights Overview

Unfair Dismissal in Ireland-Employment Rights Overview


okay this is just an overview of the law
surrounding unfair dismissal in Ireland brought to you by Terry Gauri of
business and legal dot ie unfair dismissal or indeed constructive
dismissal our areas of law which can cause employers create problems and
quite a lot of money as well there are two basic principles in relation to
unfair dismissals and these are set up in the unfair dismissals Act of 1993 and
preceding Acts firstly the employer must have substantial grounds for dismissing
an employee and if the employer does dismiss an employee then he must apply
fair procedures a dismissal on certain grounds is deemed to be automatically
unfair for example on religious or political grounds for trade union
membership on the grounds of race color or sex on the grounds of age or
pregnancy these dismissals are unfair dismissals by dint of law as well also
any employee who is involved in the legal action against the employer if he
or she is dismissed it’s also an unfair dismissal if you’re a member of the
travelling community or an employee taking part in an industrial action you
dismissed as a result of that then it’s an unfair dismissal if you’re not in two
preceding categories and you do qualify to bring a claim for unfair dismissal
regardless the burden of proof then shifts to the employer the employer then
was sure that this method was fair in order to bring a claim for an unfair
dismissal there is a fairly low threshold firstly you must have been in
continuous employment for at least 52 weeks one year and secondly you must not
be in one of the excluded categories that is a member of the Defence Forces a
fast trainee garda or civil servant that they are
excluded from bringing claims for unfair dismissal constructive dismissal then is
a slightly different animal it occurs where the employee resigns as
a result of the employers conduct towards the employee so the employer
doesn’t dismiss the employee the employee says look I’m over here but
there may well be a case then for constructive dismissal if the reason for
the resignation or the walkout or whatever you like to call it is as a
result of the employers conduct towards the employee employees on probation then
are excluded from bringing dismissal claims the employers defense then well
he must be able to as I’ve said already showed that he used fair procedure
redundancy that also can be a defense but a false or sham redundancy is not a
defense so the employer must be able to show that the employee was fairly chosen
for a redundancy for more information about employment law issues in Ireland
you can visit my website business and legal Hawaii or if you’ve any queries
you can email me info at business and legal that ii’ thank you

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1 Comment

  1. It says age is automatically unfair dismissal, would this include a person at the age of 65? I know this would constitute as retirement but let's say a few days later they are rehired under "a new contract with new terms" I.e a decrease in pay, hours etc – would this be classed as ageism/abuse of the elderly as they have not actually retired and the employer is taking advantage of the retirement age in the contract?

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