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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 16 - 66 YEARS CAN BRING A CLAIM FOR “UNFAIR DISMISSAL ”

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Unfair dismissals acts 1977 2001

UNFAIR DISMISSALS ACTS1977 – 2001


Unfair dismissal and industrial relations acts
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 16 - 66 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…..

THE EXERCISE OR PROPOSED EXCERISE BY AN EMPLOYEE OF A RIGHT UNDER THE MATERNITY PROTECTION ACT

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 ADOPTIVE LEAVE OR ADDITIONAL ADOPTIVE LEAVE UNDER ADOPTIVE LEAVE ACT

RIGHT TO CARERS LEAVE IN ACCORDANCE WITH THE CARERS LEAVE ACT

AN EMPLOYEE’S TRADE UNION MEMBERSHIP OR ACTIVITES


Burden of proof is on employer
BURDEN OF PROOFIS 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

THE CAPABILITY, COMPETENCE Or QUALIFICATIONS OF THE EMPLOYEE

REDUNDANCY WHERE AGREED OR FAIR SELECTION PROCEDURES ARE USED

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

EMPLOYEE AVAILING OF RIGHTS UNDER THE MATERNITY ACT, ADOPTIVE LEAVE ACT, CARERS LEAVE, OR PARENTAL LEAVE ACT

TRADE UNION MEMERSHIP

EMPLOYEES TAKING PART OR INVOLVED IN ANY CIVIL OR CRIMINAL PROCEEDINGS AGAINST THE EMPLOYER

GENDER, MARTIAL STATUS, FAMILY STATUS, DISABILITY

AGE, RACE, COLOUR OR SEXUAL ORIENTATION

MEMBERSHIP OF THE TRAVELLER COMMUNITY

RELIGIOUS OR POLITICAL GROUNDS


Constructive dismissal
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
EMPLOYMENT EQUALITY ACT PROCEDURES.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: PROCEDURES.~ Race, colour, nationality or ethnic origin.~ Religious beliefs~ Marital status~ Family status~ Gender~ Membership of the Travelling Community~ Age~ Disability~ Sexual orientation


Useful websites
USEFUL WEBSITES PROCEDURES.

Dept of Enterprise, Trade and Employment - www.entemp.ie (provides access to EAT and LRC)

Equality Authority – www.equality.ie

Health and Safety Authority – www.hsa.ie

Office of Director of Equality Investigations - www.odei.ie


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