The termination of any employment contract in Ireland is automatically presumed to be “unfair” within the meaning of the Unfair Dismissal Acts 1977-2001 unless proven to be otherwise and can give rise to a claim by an aggrieved employee for compensation of up to two years' remuneration.
The onus is on the employer to prove that a dismissal was not “unfair” and therefore the employer must be in a position to show both that the decision to terminate an employee’s contract of employment was based on objectively fair grounds, and that fair procedures were applied.
It is recommended that employers have disciplinary and dismissal policies and that all employees are made aware of these policies.
If the reason for the dismissal or the procedure by which it was implemented are deemed unfair, then an employee may have a claim for up to two years' salary.
We advise many employees on aspects of the termination of an employment relationship. We successfully represent clients before the various courts and tribunals and have negotiated positive outcomes on behalf of many clients.
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