Defines unfair dismissal and wrongful dismissal and explains how claims can arise and the remedies that courts can award to employees in dismissal cases. Also covers the growing use of interlocutory injunctions especially by senior executives to prevent their dismissal before a trial. Finally stresses the importance of employers having fair procedures in place in the event of dismissal claims.
What constitutes 'dismissal' in Irish law?
There are two types of dismissal recognised in Irish law:
- unfair dismissal - governed by the Unfair Dismissals Acts 1977-2015. To bring a claim, the employee will generally have to have one year’s continuous service with their employer. Such claims are brought at first instance before the Workplace Relations Commission (WRC).
- wrongful dismissal - arises at common law and is based on a breach of ordinary contract law. Claims are brought before the Circuit Court or High Court and there is no qualifying time period.
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