Unfair Dismissal Solicitors Dublin
In Ireland after 52 weeks service if you are dismissed the law presumes it to be unfair and it will be up to an employer to show that there were grounds justifying the dismissal. These grounds include;
- the capability, competence or qualifications of the employee which are required
- if the dismissal arises from misconduct by the employee
- if the dismissal is a redundancy situation
- the employee is incapacitated medically or unable to work
If you have less than 52 weeks service then only an equality dismissal under any of the 9 protected grounds is protected.
Constructive dismissal is a type of dismissal but if any employee leaves their employment they must show that there were substantial grounds that justified them leave and this will normally require them to have exhausted all internal remedies such as raising a grievance and exercising a right of appeal.
In general, a dismissal from employment is considered to be an unfair dismissal unless having regard to all the circumstances, there were substantial grounds justifying the dismissal.
In determining whether a dismissal is unfair, the WRC or the labour court will examine the particular circumstances and adjudge on whether a particular set of circumstances constitute unfair dismissal or lawful dismissal.
There is a six month time limit from the date of the dismissal to lodge a claim but it should be done without delay. It is important to lodge the right type of claim and this should be done with assistance from an experienced person.
They can award;
- Compensation for unfair dismissal/ constructive dismissal
- Reinstatement or reengagement if appropriate.
- Any other appropriate sum attributable to the loss.
- They also have the power to compel relevant witnesses if required.
Setanta Solicitors advise both employers and employees on employment law. Please contact us to schedule a no obligation consultation at info@setantasolicitors.ie or 01 215 0168
