Dismissal

Wrongful Dismissal

Overview A “wrongful” dismissal refers to the termination of an employment contract, in breach of its terms. Wrongful dismissal claims are taken in the Civil Courts, in common with other breaches of contract claims. In the case of the vast majority of employees, their employment contract may be terminated by relatively short notice.… Read the rest

Unfair Dismissal

Overview of Unfair Dismissal The Unfair Dismissals Act 1977 introduced a statutory right not to be unfairly dismissed. The right is not enforced by the courts and does not form part of the employment contract as such. … Read the rest

UFD Scope of Act

Dismissal Dismissal means the termination of the employment contract, whether or not a proper notice was given. A person is generally dismissed where he is unequivocally told that his employment is at an end or the circumstances make this abundantly clear that this so. … Read the rest

UFD Remedies

Remedies for Unfair Dismissal At common law, the remedies available for wrongful dismissal are very limited. The majority of employees may have their employment contract terminated by the minimum notice period. This has the effect that even where there has been a breach of contract, the level of compensation available will be minimal.… Read the rest

UFD Redundancy

Nature of Redundancy If a particular job or role is redundant, the employer is entitled to dismiss the employee who fills that position. Provided that this is the true reason for dismissal, it is deemed not to be an unfair dismissal.… Read the rest

UFD Other Grounds

Potentially Fair Grounds for Dismissal There are a number of potentially fair grounds for dismissal. It is not sufficient that the employer labels one of the ground as applicable. The application of the ground in the circumstances must be real and substantial.… Read the rest

UFD Misconduct

Misconduct Conduct, or more correctly misconduct, is a potentially fair ground for dismissal. Conduct may relate to a single incident or to a series of incidents or circumstances over time. As in other areas, the bona fide opinion of the employer will generally be respected by the WRC, provided that fair and proper procedures have been followed.… Read the rest

UFD Competence

Capability or competence The absence of competence, qualification or capability are potentially fair grounds for dismissal. The WRC does not second guess the employer in determining whether the employee lacks the requisite competence, qualification or capability.… Read the rest

Minimum Notice

Termination by Notice There is a strong presumption that an employment contract may be terminated by either employer or employee, by giving notice to terminate. This will be so, even if the contract appears to provide for perpetual employment. … Read the rest

Injunctions

Pre-trial Injunctions An Injunction may be granted at an early stage in proceedings to preserve the status quo until the full hearing / trial. A one-sided or so-called ex-parte application may be made without notice to the other side. … Read the rest