http://EmploymentRightsIreland.com A look at unfair dismissal in Ireland and the employment rights and laws which protect employees and which can lead to expensive claims against employers.

1. Unfair Dismissal in
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Ireland
An overview the law surrounding unfair dismissal

2. 2 Basic Principles
• 1. an employer must have substantial grounds for dismissing
an employee
• 2. the employer must apply fair procedures
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• Unfair Dismissals Act 1993

3. Dismissal automatically unfair
• Dismissal on the following grounds are deemed to be
automatically unfair
• On religious or political grounds
• For trade union membership
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• On the grounds of race, colour , sex
• Age
• Pregnancy

4. Automatically unfair cont’d.
• Employee involved in legal action against employer
• A member of travelling community
• Employee taking part in industrial action
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5. Not in the preceding
categories?
• If you qualify to bring a claim for unfair dismissal the burden
of proof shifts to the employer
• He must show that the dismissal was fair
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6. Entitled to bring a claim?
• You must have been in continuous employment for at least 52
weeks
• Member of defence forces, FAS trainees, Gardai, Civil Servants
cannot bring claim
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7. Constructive dismissal
• This occurs where the employee resigns as a result of the
employer’s conduct towards the employee
• Employees on probation excluded
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8. Employers’ defence
• The employer must be able to show he used fair procedure
• Redundancy is also a defence
• But employer must be able to show the employee was fairly
chosen
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9. Employment information
• For more information about employment law issues in Ireland
visit
• http://EmploymentRightsIreland.com
• Email: admin@employmentrightsireland.com
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