Dismissal And Unfair Dismissal Support For Employees
Your employer is allowed to dismiss people but if they do it unfairly, you can challenge your dismissal. All dismissals are deemed unfair and the burden of proof lies with the respondent employer to prove that any dismissal is fair.
Unfair Dismissal Support For Employee Dublin is governed by the Unfair Dismissals Acts 1977-2001 and is probably accounts for the largest number of employment related claims in Ireland. The Acts give protection from Unfair Dismissal to employees who have been in continuous employment for at least a year.
However there are circumstances where the Dismissal of an employee with less than twelve months service is considered automatically unfair. A dismissal is automatically unfair if the dismissal occurred for any of the following reasons:
- Religious belief or political opinions.
- Party or witness to legal proceedings against an employer.
- Race, colour, gender, sexual orientation, age, civil/family status or membership of the Traveller community.
- Pregnancy, giving birth, breastfeeding or any matter connected with pregnancy or childbirth.
- Exercising rights to maternity leave, adoptive leave, paternity leave, carer’s leave, parental leave or force majeure leave
- Unfair selection for redundancy
- Protected disclosure as a result of concerns of wrongdoing in the workplace, covered by the Protected Disclosures Act 2014.
- Trade Union membership, proposed membership or engaging in trade union activities.
The law gives most employees the right not to be unfairly dismissed.
Employment legislation requires employers to have appropriate disciplinary procedures in the workplace. Employers are legally obliged to provide employees with details of these procedures in writing. The procedures should reflect Workplace Relations Code of Practice on Grievance and Disciplinary Procedures.
In the event of Dismissal an employer must be able to show;
- substantial grounds the dismissal and
- they acted in a fair and reasonable manner in how the dismissal was handled.
In many cases, it is procedural error, failure to follow legislation, best practice guidelines or company policy; that leaves the company exposed and unable to defend its case for dismissal; the consequence of which is often finding of unfair dismissal.