Wrongful and Unfair Dismissal

Question 1

What constitutes a wrongful dismissal?

Answer 1

1. The employee was dismissed in breach of contract or with less than the statutory minimum period of notice
2. That he has suffered loss as a result

Employer acts in breach of his contractual obligations or in breach of his statutory obligations to give the Employee notice, then the Employer will be liable to the Employee, for damages for wrongful dismissal. Any damages will be assessed on the basis of what the Employee would have received had the Employer not breached the contract.

Question 2

How long must an employee have worked to claim unfair dismissal in Northern Ireland?

Answer 2

1 year

Question 3

What three remedies are available to the tribunal to award in cases of unfair dismissal?

Answer 3

1. Reinstatement - where the employee returns to his or her original job.
2. Re-engagement - where the employee is engaged in a different, but comparable job with the original employer.
3. Compensation

Question 4

Name three prima facie fair reasons for dismissal?

Answer 4

1. It was related to the capability or qualifications of the employee for performing his or her work
2. It was related to the conduct of the employee
3. The employee was redundant
4. The employee could not continue to work in that position without contravention of statutory provision or restriction
5. There was some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held.

Question 5

Name three automatically unfair reasons for dismissal?

Answer 5

• Trade - union membership or Non-membership
• Pregnancy and Maternity
• Transfer of undertakings
• Dismissal of striking employees
• For assertion of a statutory right
• Rehabilitation of Offenders
• Sunday work
• Sex, race, and disability discrimination
• Health and Safety