Unfair Dismissal and Section 20 Industrial Relations Claims
1. Introduction Employees excluded from the protection of the Unfair Dismissals Acts 1977 to 2015 — typically by reason of insufficient service — may, in some circumstances, refer a dispute concerning their dismissal to the WRC under Section 20(1) of the Industrial Relations Act 1969. The Section 20 jurisdiction is a non-binding recommendation jurisdiction. This
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Unfair Dismissal and Re-Engagement
1. Introduction Re-engagement is the middle of the three forms of redress available under Section 7(1) of the Unfair Dismissals Acts 1977 to 2015: reinstatement, re-engagement, and compensation. It is the form of redress most frequently sought by claimants who wish to return to the employer’s service but who recognise that a return to the
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Unfair Dismissal and Protected Disclosures
1. Introduction The case of Brian Gartland v Dundalk Town FC Limited (ADJ-00052398), decided in January 2025, is one of the most significant recent WRC decisions on the interaction between Section 6(2)(ba) of the Unfair Dismissals Acts 1977 to 2015 — which deems a dismissal unfair where it results wholly or mainly from a protected
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Unfair Dismissal and Probationary Periods
1. Introduction Dismissal during a probationary period sits at the intersection of the Unfair Dismissals Acts 1977 to 2015 (which generally require one year’s service before protection applies) and the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (which transpose EU Directive 2019/1152 and impose new restrictions on probationary periods). This article sets out
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Unfair Dismissal and Pre-Determined Redundancy
1. Introduction The case of Kevin Foley v Digital River Ireland Limited (ADJ-00043952) is a detailed and instructive example of a sham redundancy claim succeeding at senior management level. The Adjudication Officer considered an extensive evidentiary record of correspondence and meeting notes and found that the Respondent had finalised the decision to terminate the Complainant’s
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Unfair Dismissal and Gross Misconduct
1. Introduction Gross misconduct is the limited category of conduct so serious that summary dismissal — dismissal without notice or pay in lieu of notice — may be the appropriate response. The category is narrowly defined: theft, fraud, serious dishonesty, gross negligence, serious safety breaches, and violence are typical examples. This article sets out the
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Unfair Dismissal and Frustration of Contract
1. Introduction The case of Martín Santano v Enable Ireland Disability Services Limited (ADJ-00050049) is a useful illustration of the operation of the common law doctrine of frustration of contract within the framework of the Unfair Dismissals Acts 1977 to 2015. The Adjudication Officer was required to consider whether the cessation of the Complainant’s employment,
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Unfair Dismissal and Disciplinary Procedures
1. Introduction The WRC Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) sets the minimum procedural standards applicable to disciplinary action in the Irish workplace. Compliance with the Code is not, in itself, a guarantee of fair procedures, but non-compliance is a strong indicator that the procedural requirements of Section
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Unfair Dismissal and Constructive Dismissal
1. Introduction Constructive dismissal is one of the more difficult routes to a successful unfair dismissal complaint. It requires the employee to terminate the employment relationship and then to demonstrate, in the WRC, that the resignation was the necessary and proportionate response to the employer’s conduct. The burden of proof rests with the employee. This
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Unfair Dismissal and Conceding Liability
1. Introduction The case of Daniela De La Torre Ruiz v Hamilton UK Services Ireland Limited (ADJ-00049851), decided in March 2025, is a striking example of the WRC’s approach to compensation under the Unfair Dismissals Acts 1977 to 2015 where the employer concedes that the dismissal was without cause. The Adjudication Officer awarded the Complainant
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