Wrongful Dismissal | Specialist Employment Solicitor | Dublin Ireland
Wrongful Dismissal
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Wrongful Dismissal Solicitor

Wrongful Dismissal Claims under Irish Employment Law

We are here for you when you need expert legal advice on wrongful dismissal in the workplace. Crushell & Co employment solicitors have extensive experience in advising both employers and employees on all aspects of wrongful 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 wrongful dismissal issue.

Wrongful v Unfair
Dismissal

Unfair dismissal is provided for in legislation whereas wrongful dismissal is a common law action. In some instances, an employee, whose employment has been terminated, may be unable to make a claim under the unfair dismissals legislation. However, a breach of contract by one party confers on the other, may confer a right to sue for damages. Wrongful dismissal may be one such right of claim.

Dismissal 
without Notice

  Termination of employment without notice will constitute a lawful dismissal only where there are grounds which the law regards as sufficient to justify their dismissal. 

If these grounds do not exist, an employer will be held to be in breach of contract and may be liable to pay damages for wrongful dismissal, to the terminated employee . 

Dismissal without 
Due Process

Common pitfalls in a termination process include: failure to follow legislative requirements or relevant policies and procedures; failure to properly assess relevant information; making factual errors; failure to apply fair procedures; and failure to give reasons. Fair procedure requires conducting disciplinary hearings; carrying out investigations; writing reports; making determinations or decisions; and reaching conclusions. These failings may give rise to a claim of wrongful dismissal.

Wrongful 
Dismissal Claims

Where an employer wrongfully dismisses an employee and thereby discharges the contact by its breach, the remedy of damages by wrongful dismissal, under common law, may be by far the most important remedy. However, section 20(1) of the Industrial Relations Act, 1969, also permits an employee to bring a claim for wrongful dismissal to the Labour Court. 

Crushell & Co is a boutique law firm offering bespoke employment law advice. We advise employers and employees on all aspects of Irish employment law. We have extensive experience in advising clients on every aspects of the employment relationship, from recruitment to retirement, remuneration to redundancy and workplace disputes to dismissal. 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 employment law matter.


For further information, please complete the form below or contact our offices to schedule a consultation.

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