UNFAIR DISMISSALS ACTS 1977 – 2001

UNFAIR DISMISSAL AND INDUSTRIAL RELATIONS ACTS THESE ACTS GIVE REDRESS FOR DISMISSALS WHICH ARE DEEMED TO BE UNFAIR. AN EMPLOYEE WITH MORE THAN 1 YEARS CONTINUOUS SERVICE AND WHO IS AGED YEARS CAN BRING A CLAIM FOR “UNFAIR DISMISSAL” TO THE LABOUR COURT UNDER THE UNFAIR DISMISSALS ACT. HOWEVER, A DISMISSED EMPLOYEE WHO HAS LESS THAN ONE YEARS SERVICE CAN ALSO BRING A CLAIM FOR “WRONGFULL DISMISSAL” TO THE LABOUR COURT UNDER THE INDUSTRIAL RELATIONS ACT.

AN EMPLOYEE WHO BRINGS A CASE FOR “WRONGFULL DISMISSAL” CAN DO SO IF THEY FEEL:  THAT THEY WERE DISMISSED UNFAIRLY.  THAT THEY WERE NOT INFORMED AS TO THE REASONS WHY  THE EMPLOYER DID NOT FOLLOW THEIR OWN PROCEDURES SOME EMPLOYEES WIN THEIR CASE AND COMPENSATION HAS TO BE PAID !

ALSO, THE REQUIREMENT OF 1 YEARS SERVICE DOES NOT APPLY WHERE DISMISSAL RESULTS FROM….. AN EMPLOYEE’S PREGNANCY OR MATTERS CONNECTED WITH IT RIGHT TO PARENTAL LEAVE OR FORCE MAJEURE LEAVE IN ACCORDANCE WITH THE PARENTAL LEAVE ACT RIGHT TO CARERS LEAVE IN ACCORDANCE WITH THE CARERS LEAVE ACT THE EXERCISE OR PROPOSED EXCERISE BY AN EMPLOYEE OF A RIGHT UNDER THE MATERNITY PROTECTION ACT RIGHT TO ADOPTIVE LEAVE OR ADDITIONAL ADOPTIVE LEAVE UNDER ADOPTIVE LEAVE ACT AN EMPLOYEE’S TRADE UNION MEMBERSHIP OR ACTIVITES

BURDEN OF PROOF IS ON EMPLOYER….. SECTION 6 (1) PROVIDES THAT EVERY DISMISSAL OF AN EMPLOYEE WILL BE PRESUMED TO HAVE BEEN UNFAIR UNLESS THE EMPLOYER CAN SHOW SUBSTANTIVE GROUNDS JUSTIFYING THE DISMISSAL

JUSTIFICATION THE EMPLOYEES CONDUCT REDUNDANCY WHERE AGREED OR FAIR SELECTION PROCEDURES ARE USED THE CAPABILITY, COMPETENCE Or QUALIFICATIONS OF THE EMPLOYEE THE FACT THAT CONTINUATION OF THE EMPLOYMENT WOULD CONTRAVENE ANOTHER STATUTORY REQUIREMENT OR THAT THERE WERE OTHER SUBSTANTIAL GROUNDS FOR THE DISMISSAL

UNFAIR GROUNDS FOR DISMISSAL TRADE UNION MEMERSHIP EMPLOYEES TAKING PART OR INVOLVED IN ANY CIVIL OR CRIMINAL PROCEEDINGS AGAINST THE EMPLOYER AGE, RACE, COLOUR OR SEXUAL ORIENTATION RELIGIOUS OR POLITICAL GROUNDS EMPLOYEE AVAILING OF RIGHTS UNDER THE MATERNITY ACT, ADOPTIVE LEAVE ACT, CARERS LEAVE, OR PARENTAL LEAVE ACT GENDER, MARTIAL STATUS, FAMILY STATUS, DISABILITY MEMBERSHIP OF THE TRAVELLER COMMUNITY

CONSTRUCTIVE DISMISSAL  THE TERMINATION OF AN EMPLOYMENT RELATIONSHIP BY AN EMPLOYEE IN CIRCUMSTANCES WHERE IT WAS REASONABLE FOR S/HE TO DO SO BECAUSE OF THE EMPLOYER’S BEHAVIOUR OR BECAUSE THE EMPLOYER WAS IN BREACH OF CONTRACT  ISSUE OF ‘HARASSMENT’ OR ‘BULLYING’ IN THE WORKPLACE CAN BE CONSIDERED WITHIN THE CONTEXT OF CONSTRUCTIVE DISMISSAL  EMPLOYERS HAVE A DUTY OF CARE TO LOOK AFTER THE HEALTH & SAFETY OF EMPLOYEES IN THE WORKPLACE (INCLUDES THE PREVENTION OF BULLYING AND WORK RELATED STRESS)

 IT IS VITAL FOR AN EMPLOYEE TO AVAIL OF THE GRIEVANCE PROCEDURES.  IT IS ONLY AFTER THESE PROCEDURES HAVE BEEN GONE THROUGH FULLY WITHOUT A SATISFACTORY OUTCOME CAN A EMPLOYEE RESIGN AND CLAIM CONSTRUCTIVE DISMISSAL.  THE ONUS OF PROOF IS ON THE EMPLOYEE TO PROVE IT WAS A DISMISSAL

EMPLOYMENT EQUALITY ACT 1998 and 2004 IF AN EMPLOYEE MAINTAINS THEY WERE DISMISSED IN RESPECT OF ANY OF THE 9 GROUNDS OF DISCRIMINATION UNDER THE EMPLOYMENT EQUALITY ACT THEY CAN TAKE A CASE EITHER UNDER THE UNFAIR DISMISSALS ACTS OR THE EMPLOYMENT EQUALITY ACT. THERE IS NO MINIMUM SERVICE REQUIREMENTS UNDER THE EMPLOYMENT EQUALITY ACT

THE 9 GROUNDS INCLUDE: ~ Race, colour, nationality or ethnic origin. ~ Religious beliefs ~ Marital status ~ Family status ~ Gender ~ Membership of the Travelling Community ~ Age ~ Disability ~ Sexual orientation

USEFUL WEBSITES Dept of Enterprise, Trade and Employment - (provides access to EAT and LRC)Dept of Enterprise, Trade and Employment - (provides access to EAT and LRC) Equality Authority – Authority – Health and Safety Authority – and Safety Authority – Office of Director of Equality Investigations - of Director of Equality Investigations -