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Unfair Dismissal
Unfair Dismissals are governed by the Unfair Dismissals Acts 1977-1993. The Acts apply to employees who :- Have been dismissed or can prove that the Employer's behaviour was so unreasonable as to justify resignation Have one year's continuous service. There is no such service requirement where dismissal is on grounds of pregnancy or trade union activity
- Are between 16 and 66 years of age
- Are normally expected to work 8 hours per week or more
- Are employed by our through employment agencies or directly with the Employer
Once a dismissal is proved with a few exceptions it is presumed to be unfair .In particular dismissals on the grounds of trade union activity, pregnancy , religious or political opinions, age, exercising maternity rights, sexual orientation, membership of the travelling community, legal action by the employee against the employer, are deemed unfair Therefore it is the Employer who must prove that the dismissal was fair. The Onus of Proof lies with the Employer . An Employer can justify a dismissal on the grounds of capability, competence or qualification, conduct, redundancy , end of fixed term/purpose contracts (subject to exceptions) . The Employer is obliged to use correct procedures when dismissing an employee. A claim for Unfair Dismissal is usually brought to the Employment Appeals Tribunal ( EAT )although in certain circumstance a claim for wrongful dismissal may be made to the Courts. Claims under the Unfair Dismissal's Act are for actual financial loss only. Redundancy Redundancy occurs when an employee's position ceases to exist and the employee is not replaced. Any employee aged 16 or over with 104 weeks' continuous service with an employer is entitled to a statutory redundancy payment in this situation. The statutory redundancy payment is two week's gross pay per year of service up to a ceiling of €600 per week plus one week's pay, which is also subject to the ceiling of €600. This payment is tax-free. For information on how to calculate your entitlements please go to the redundancy calculator ( http://www.entemp.ie/employment/redundancy/calculator.htm) on the Department of Enterprise, Trade and Employment website. Employers qualify for a 60% rebate from the Department of Enterprise, Trade and Employment. Disputes over entitlement to Redundancy are referred to the Employment Appeals Tribunal. Employees who are made redundant are entitled to time off during the notice period to find alternative work. Minimum Notice The Minimum Notice and Terms of Employment Acts, 1973 & 1991govern what notice must be given by and Employer and Employee when terminating their employment. Employees are entitled to statutory minimum notice or pay in lieu except where in situation where they are dismissed for misconduct. The statutory entitlements to minimum notice are based on periods of continuous service and are as follows:
- 13 weeks - 2 years - 1 week
- 2 - 5 years - 2 weeks
- 5 - 10 years - 4 weeks
- 10 - 15 years - 6 weeks
- over 15 years -8 weeks
An employee must give an employer at least one week's notice unless the employment contract specifies to the contrary. Applications for breach of the Minimum Notice and Terms of Employment Acts, 1973 and 1991 are made to the Employment Appeals Tribunal within six years of the breach. Employers and employees may agree longer periods of notice. Payment of wages The Payment of Wages Act 1991 governs the payment of wages to an employee by an employer . All employees are entitled to receive a pay slip with every payment of wages. This pay slip should show gross wage (wage before deductions) and the nature and amount of each deduction . An employer is allowed to make the following deductions from an employee's wage: Any deduction required or authorised by law (e.g. PAYE or PRSI) Any deduction authorised by the term of an employee's contract (e.g. pension contributions ) Any deduction agreed to in writing in advance by the employee (e.g. health insurance subscription) If you have an employment related issue advice can be sought from the Government information websites Applications under the Payments of Wages Acts are brought before the Rights Commissioner ( link) within 6 months of the unlawful deduction The Terms of Employment The Terms of Employment ( Information ) Act 1994 provides that an Employer must issue their employees with a written statement of their terms and conditions of employment. The legislation does not apply to employees with less than one month's service and only applies to those employees normally expected to work at least eight hours per week. This statement must be issued within 2 months from commencement of employment and should include the following:- The full names of both Employer and Employee Address of Employer The place of work or alternatively, a statement specifying that the employee is required or permitted to work at various places The title of the job or nature of the work The date of commencement of the contract of employment in the case of temporary contracts , the expected duration or in the case of a fixed term contract the date on which the contract expires the rate or method of calculation of the employee's remuneration and details as to at what intervals the payment of remuneration will be made any terms and conditions relating to hours of work including overtime any terms and conditions relating to paid leave ( other than paid sick leave) any terms and conditions relating to sick pay or for payment due t incapacity as a result of an injury details of pensions/pensions schemes the period of notice which the employee is required to give and entitled to receive whether by statute or contract. If a specified period of notice is not provided for then the method or manner by which notice is to be calculated is to be specified reference to any collective agreements which directly affect the terms and conditions of the employee's employment If you have a particular issue and require further advice you should seek expert advice |
