Unfair dismissals Flashcards
What are the 3 legal methods of pursuing an unfair dismissals case
- Unfair dismissals cat 1977-2015
- Employment equality act 1998
- Wrongful dismissal through common law in the courts
When you pick a piece of legislation to pursue an unfair dismissals case, can you change to another?
No
Who is excluded from the UDA (6)
- Overage of retirement
- Gardi and defence forces
- Health board and VEC offices
- Some Trainees
- People working for close family members
- Some state employees
What is the requirement to qualify for UDA
1 year of continuous service
What are the exceptions for 1-year continuous service under the UDA (3)
- Parental: Pregnancy, maternity, adoptive leave, carers leave,
- Minimum wage disputes
- Trade union membership
Who is the owners of proof on in an unfair dismissals case?
The employer must prove that dismissal was fair. Except in constructive dismissal where the employee must prove.
What is an employee asked to prove in an unfair dismissals case?
That they have actually been dismissed
What are grounds for a fair dismissal? (6)
- Capability
- Competence
- Conduct
- Redundancy
- Statutory requirement
- Other substantial ground
Capability in a fair dismissal
Employer can prove the person is incapable of doing their job eg. qualification expiring
Competence in a fair dismissal
Person cant carry out the job to the standard eg fluancy
Redundancy in a fair dismissal
The job no longer exists
Statutory requirement in a fair dismissal
Employee doesn’t have legal right to work in the country
Example of other substantial grounds in a fair dismissal
Breach of trust
Reasons for unfair dismissal (7)
- Trade union activities
- Political opinion
- Discrimination ground
- Involved in a legal proceeding against the employer
- Exercising rights under parental acts (pregnancy)
- Whistleblower
- Constructive dismissal
What are examples of constructive dismissal (2/5)
- Changes in terms and condition
- Employer won’t pay tax for employee
- Reduction in the number of working hours
- Demotion
- Threat and harassment
What are the forms of redress for an unfair dismissal
Re instalment, Re-engagement, Compensation
Re instalment
Same job with the same pay, this is rare because the relationship is damaged
Re-engagement
Same job in a different part of the organisation, may not include back pay
What is the max amount of compensation for unfair dismissal
- If the financial loss was borne by the employee: 2 years
- If the financial loss was not borne by the employees: 4 weeks
What is financial loss in an unfair dismissal and when might it be low?
Financial loss is the loss of income for being out of work. It would be low if the amount of time the employee is out of work is low.
What determines the amount of compensation paid out in an unfair dismissals case?
- Where responsibility lies
- Measures taken to reduce financial loss
- Extent to which dismissal procedures were followed
What happens to a businesses unfair dismissals cases if they get caught by another
Move with them
How are unfair dismissals cases made?
Single complaint form of the WRC website
How long does an employer have to respond to a complaint from the WRC
21 days
