Unfair Dismissal Claims
Under what law can someone bring a claim for unfair dismissal?
The Unfair Dismissals Acts 1977 to 2007 specifies the relevant conditions for a successful claim for unfair dismissal to be brought. The law states that a dismissal could be considered unfair if the employer terminates a contract of employment, regardless of notice, or when the employee terminates the contract as a result of the employer’s behaviour. The latter is commonly termed constructive dismissal.
When can I bring a claim?
You may bring a claim for unfair dismissal if you were dismissed, and certain conditions are met. The law in Ireland cannot prevent the employer from dismissing you. Rather, the law allows you to question the fairness of your employer’s actions after the fact. There is a six months limit on bringing a claim for unfair dismissal, which starts running from the date of dismissal.
How can I prove unfair dismissal?
If you were dismissed, and your employer accepts that this occurred, you will be under no requirement to prove that the dismissal was unfair. Instead the burden of proof is placed on the employer, who has to show that the dismissal was fair
How can I tell if a claim for unfair dismissal will be successful?
The legal definition of unfair dismissal is complex. As such if you are seriously considering bringing a claim for unfair dismissal, the most appropriate thing to do would be to seek legal advice from an employment solicitor. An employment lawyer would be able to explain exactly which section applied to your particular case.
If you would like to obtain legal advice on a claim for unfair dismissal, Contact Law can put you in touch with a local specialist employment solicitor free of charge. So, if you have any questions or would like our help in finding local employment solicitors please call us on 1800 937 974 or complete the web-form above.
- Last Updated on 07/02/2013