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PM4064 > Unfair dismissals > Flashcards

Unfair dismissals Flashcards

1
Q

What are the 3 legal methods of pursuing an unfair dismissals case

A
  • Unfair dismissals cat 1977-2015
  • Employment equality act 1998
  • Wrongful dismissal through common law in the courts
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2
Q

When you pick a piece of legislation to pursue an unfair dismissals case, can you change to another?

A

No

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3
Q

Who is excluded from the UDA (6)

A
  • Overage of retirement
  • Gardi and defence forces
  • Health board and VEC offices
  • Some Trainees
  • People working for close family members
  • Some state employees
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4
Q

What is the requirement to qualify for UDA

A

1 year of continuous service

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5
Q

What are the exceptions for 1-year continuous service under the UDA (3)

A
  • Parental: Pregnancy, maternity, adoptive leave, carers leave,
  • Minimum wage disputes
  • Trade union membership
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6
Q

Who is the owners of proof on in an unfair dismissals case?

A

The employer must prove that dismissal was fair. Except in constructive dismissal where the employee must prove.

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7
Q

What is an employee asked to prove in an unfair dismissals case?

A

That they have actually been dismissed

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8
Q

What are grounds for a fair dismissal? (6)

A
  • Capability
  • Competence
  • Conduct
  • Redundancy
  • Statutory requirement
  • Other substantial ground
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9
Q

Capability in a fair dismissal

A

Employer can prove the person is incapable of doing their job eg. qualification expiring

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10
Q

Competence in a fair dismissal

A

Person cant carry out the job to the standard eg fluancy

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11
Q

Redundancy in a fair dismissal

A

The job no longer exists

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12
Q

Statutory requirement in a fair dismissal

A

Employee doesn’t have legal right to work in the country

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13
Q

Example of other substantial grounds in a fair dismissal

A

Breach of trust

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14
Q

Reasons for unfair dismissal (7)

A
  • Trade union activities
  • Political opinion
  • Discrimination ground
  • Involved in a legal proceeding against the employer
  • Exercising rights under parental acts (pregnancy)
  • Whistleblower
  • Constructive dismissal
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15
Q

What are examples of constructive dismissal (2/5)

A
  • Changes in terms and condition
  • Employer won’t pay tax for employee
  • Reduction in the number of working hours
  • Demotion
  • Threat and harassment
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16
Q

What are the forms of redress for an unfair dismissal

A

Re instalment, Re-engagement, Compensation

17
Q

Re instalment

A

Same job with the same pay, this is rare because the relationship is damaged

18
Q

Re-engagement

A

Same job in a different part of the organisation, may not include back pay

19
Q

What is the max amount of compensation for unfair dismissal

A
  • If the financial loss was borne by the employee: 2 years

- If the financial loss was not borne by the employees: 4 weeks

20
Q

What is financial loss in an unfair dismissal and when might it be low?

A

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.

21
Q

What determines the amount of compensation paid out in an unfair dismissals case?

A
  • Where responsibility lies
  • Measures taken to reduce financial loss
  • Extent to which dismissal procedures were followed
22
Q

What happens to a businesses unfair dismissals cases if they get caught by another

A

Move with them

23
Q

How are unfair dismissals cases made?

A

Single complaint form of the WRC website

24
Q

How long does an employer have to respond to a complaint from the WRC

A

21 days

25
Q

Why might an employer say in response to an unfair dismissal case

A

The employee wasn’t actually dismissed

26
Q

Can you bring witnesses to the WRC

A

Yes

27
Q

Are WRC cases held in public or private

A

Private

28
Q

What happens when the WRC issues a decision?

A

After the hearing, a decision will be sent out by the adjudication officer within 28 days or as soon as possible. Parties are ammonised on the WRC website

29
Q

Where do appeals from the WRC go to

A

Labour court

30
Q

Is a WRC case for unfair dismissal binding?

A

If there is no appeal the decisions is legally binding and can be enforced through the District Court

PM4064 (13 decks)

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