Introduction

In general, the Unfair Dismissals Acts, provide that every dismissal of an employee will be presumed to have been unfair unless the employer can show substantial grounds justifying the dismissal.

The purpose of the Acts is to protect employees from being unfairly dismissed from their jobs by laying down criteria by which dismissals are to be judged unfair and by providing an adjudication system and redress for an employee whose dismissal has been found to be unfair.

Unfair Dismissal

The Acts apply to employees over the age of 16 years with at least 12 months’ continuous service.

The requirement of one year’s continuous service does not apply where the dismissal results from:

• an employee’s pregnancy, giving birth or breastfeeding or any matters connected therewith
• the exercise or proposed exercise by an employee of a right under the Maternity Protection Act, 1994 & 200
• the exercise or contemplated exercise by an employee of the rights to adoptive leave, or additional adoptive leave under the Adoptive Leave Act
• the exercise or proposed exercise by the employee of the right to parental leave or force majeure leave under and in accordance with the Parental Leave Act
• an employee’s entitlements, future entitlements, exercise or proposed exercise of rights under the National Minimum Wage Act
• an employee’s trade union membership or activities
• the exercise or proposed exercise by the employee of the right to carer’s leave under and in accordance with the Carer’s Leave Act, 2001

The Acts provide for several grounds under which a dismissal may be considered unfair –

• Membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours
• Religious or political opinions
• Legal proceedings against an employer where an employee is a party or a witness
• Race, colour, sexual orientation, age, or membership of the Traveller community
• Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth
• Availing of rights under legislation to maternity leave, adoptive leave, carer’s leave, parental or force majeure leave
• Unfair selection for redundancy

Further information

For further information please email Barry Crushell of Aperture Partners Advisory at bcrushell@aperturepartners.ie or call 01-9053503.

Please note that the material contained herein is for general information purposes only and does not constitute legal or other professional advice. Reference accurate at time of publication but subject to change.