Wrongful / Unfair Dismissal Flashcards
Wrongful Dismissal (def)
Termination of contract without good cause or sufficient notice period.
Termination of contracts
In line with natural justice / fair procedures.
Wallace v United Grain Growers [1997]
Reasonable notice/ Absence of Just Cause
Parsons v Iarnord Eireann [1997]
Inability to seek common law and statutory relief
Maha Lingham (2013)
Limitations of wrongful Dismissal suit
S7(1) UDA 1977
Reinstatement, Re-engagement, Remuneration
Capability, Conduct, Qualifications
Grounds for Fair/Unfair dismissal
S1 UDA
Reasonable by conduct of employee.
S6 –> GROUNDS FOR DISMISSAL.
S6(4) UNFAIR GROUNDS FOR DISMISSAL
UNFAIR DISMISSALS ACT
Reasonableness Test
BOI V O’REILLY
“LIP-SERVICE TO OBSERVANCE OF PROCEDURES”
BOI V O’REILLY
FAIR DISMISSALS
FOLLOWING FAIR PROCEUDRES