Unfair Dismissal & Constructive Dismissal

At Able Solicitors we know that good employment working relationships are a vital component of successful business. Employment law is very complex and there is an extensive amount of both Irish and EU Law which covers employee’s rights and employer’s duties. We provide our clients as both the Employer and the Employee with comprehensive practical and legal advice on a range of employment issues including:

Unfair Dismissal
Redundancy
Bullying and Sexual Harassment in the workplace
Equality issues
Advising on employment contracts and terms
Assisting with compliance with legislation
Transfer of undertakings & Protection of Employment
Questions of discrimination
Unfair Dismissal

Under the Unfair Dismissals Acts 1977-2007 circumstances in which unfair dismissal can occur are where:

Your employer terminates your contract of employment, with or without notice or
You terminate your contract of employment, with or without notice, due to the conduct of your employer. This is known as constructive dismissal
If you are dismissed from your employment, you may, under certain conditions, bring a claim for unfair dismissal against your employer. The unfair dismissals legislation in Ireland does not actually protect you from dismissal; rather it provides a system of appeal whereby you can question the fairness of your dismissal after it has occurred.

You will have to show that you qualify to bring a claim under the legislation – see Rules below. If you do this and your employer accepts that there was a dismissal, it will be for your employer to show that there were fair grounds for the dismissal. Apart from a case involving constructive dismissal, a dismissal is presumed to be unfair unless your employer can show substantial grounds to justify it.

Under the legislation you may ask your employer for a written statement of the reasons for your dismissal. Your employer should provide this within 14 days of your request.

If you are found to have been unfairly dismissed you may be placed back in your job or, more commonly, you may receive compensation for the loss of earnings caused by the dismissal.