Unfair Dismissal Cases

Redress under the Unfair Dismissals Act Ordinarily, when an individual makes a claim of unfair dismissal, they will be asked if they are seeking reinstatement, re-engagement or compensation. The vast majority of employees ordinarily seek just compensation. This is usually driven by a personal desire not to return to the same workplace.  However, there are

Can an employee be fired for looking for another job? In general, no. If an employee was fired for looking for another job, they may be entitled to bring a complaint to the Workplace Relations Commission under Section 8 the Unfair Dismissals Act, 1977. Fired for looking for another job – case law In the

Introduction – Date of Dismissal  An interesting case recently came before the Workplace Relations Commission which examines the effective date of dismissal for the purposes of the Unfair Dismissals Act, 1977 in circumstances where there is an appeal to that dismissal. In A Caretaker v An Education Provider (ADJ00019732), the employee was dismissed on grounds

Compensation for Unfair Dismissal Claim Although an employee may bring their employer before the Workplace Relations Commission in respect of a complaint under the Unfair Dismissals Act, even if they are successful, an Adjudication Officer has, within their remit, the power to award a successful complainant no compensation depending on the circumstances. In A Diver

Can an employee be dismissed due to their incapacity? Yes, however, an employee can only be dismissed due to their incapacity once that incapacity was the primary reason for the dismissal, that incapacity was substantial relative to the work undertaken, that the employee received fair notice and that the employee was afforded an opportunity of

Can an employee be dismissed for absenteeism? Yes, however, an employer can only dismiss the employee concerned if the absenteeism is repeated, the employer has provided the employee with verbal and/or written warnings, afforded the employee the opportunity to improve their attendance record and undertook a disciplinary process in line with the company policies and

Introduction  A UK employment tribunal (ET) was recently tasked with considering whether the dismissal of a lorry driver for his refusal to wear a face mask when visiting a client site, was fair and reasonable. In Kubilius -v- Kent Food (Case Number: 3201960/2020 V), the complainant, a lorry driver, noted that there was no law

Unfair Dismissal Law Resources: Guide to Unfair Dismissal under Irish Employment Law Bringing an Unfair Dismissal Claim Alternative Sanctions to Dismissal Unfair Dismissal Cases and Claims Unfair Dismissal under Irish Employment Law (Video) Constructive Dismissal Law Resources: Guide to Constructive Dismissal under Irish Employment Law Bringing a Constructive Dismissal Claim Constructive Dismissal Cases and Claims Definition of

Unfair Dismissal Law Resources: Guide to Unfair Dismissal under Irish Employment Law Bringing an Unfair Dismissal Claim Alternative Sanctions to Dismissal Unfair Dismissal Cases and Claims Unfair Dismissal under Irish Employment Law (Video) Protected Disclosure Resources: What is a Protected Disclosure? Guide to Protected Disclosures under Irish Employment Law Bringing a Protected Disclosures Claim Protected Disclosures Cases

Proceedings to Prevent Dismissal The High Court recently granted an interlocutory order requiring an employer to pay an employee dismissed during his probationary period, six months’ salary on the condition that the employee would be available to undertake his originally intended duties, if required. The High Court noted that there was a strong case to