Unfair Dismissal Solicitor

We are here for you when you need expert legal advice on unfair dismissal in the workplace. Crushell & Co employment solicitors have extensive experience in advising both employers and employees on all aspects of unfair dismissal in the workplace. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.



Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your unfaie dismissal issue.

What is a dismissal in Ireland?

"In general a person is dismissed when the employer informs him clearly and unequivocally that the contract is at an end or if the circumstances leave no doubt dismissal was intended or that it may be reasonably inferred.” - Redmond on Dismissal Law

What is an unfair dismissal in Ireland?

A dismissal will be deemed unfair, unless the employer can show that there were substantial grounds justifying the dismissal, including the competence, capability or conduct of the employee.

What are the grounds for dismissal?

A employer could give one of the following reasons to justify the dismissal: the capability, competence or qualifications of the employee for performing work of the kind which he was employed by the employer to do; the conduct of the employee; or redundancy.

Can an employee be dismissed for poor performance?

Yes, however, the employer should tell the employee before the dismissal the ways in which the employee is failing to do the job adequately, warn the employee of the possibility of dismissal on this ground and give an opportunity to improve. Case law shows that the employee does not have to be shown to have actually been incompetent or incapable. It is sufficient that the employer show that, after a proper procedure, the employer honestly believed that they were incompetent or incapable.

Can an employee be dismissed for misconduct?

Yes. However, the employee must be told of the allegations forming the basis of the proposed dismissal, be given an appropriate opportunity to respond to those allegations, be given reasonable evidence to support these allegations and the dismissal must be proportionate. 

How do you prove unfair dismissal?

A claim for unfair dismissal can be brought before the Workplace Relations Commission (WRC). The WRC will examine whether the dismissal was fair, with regard to notice, opportunity to respond and whether or not a dismissal was proportionate.

Must I appeal an unfair dismissal?

Yes. If you intend to pursue an unfair dismissal claim, if there is an opportunity to internally appeal the dismissal, you should exhaust the internal process. If there is an appeal to a dismissal, in general this will not operate to alter the date of dismissal unless it is specified to do so. There is no obligation on an employer to provide an appeal process, and it is not set out in the Code of Practice SI 146 of 2000. 

What is the redress for an unfair dismissal?

Three remedies are available following a successful claim of unfair dismissal, namely, reinstatement, reengagement or compensation.

• Reinstatement of the employee in the position held immediately prior to the dismissal.
• Reengagement of the employee in the position held immediately prior to the dismissal or in a different position which would be on reasonably suitable terms and condition.
• The WRC may also award the dismissed employee compensation.

What is the compensation for an unfair dismissal claim?

Payment of such compensation in respect of loss not exceeding 104 weeks remuneration where a financial loss is attributed to the dismissal.