Upholding Employee Rights In Ireland:

Fighting Against Unfair Dismissals

You Can Challenge Unfair Dismissal

Employees who have been victims of unfair dismissals have a venue for redress of their grievances. Although the Unfair Dismissals Act enacted in 1977 does not protect these dismissed employees against being let go of, it gives them a chance to appeal their dismissal and ask for an explanation from their employer as to the reason for their termination

You Can Challenge Unfair Dismissal

Such cases are ruled by the Irish employment tribunal either at the Employment Appeals Tribunal or at the Labour Relations Commission

You Can Challenge Unfair Dismissal

If you believe that you have been unjustly dismissed by your employer, you have to file a claim with any one of these legal institutions within six months from your date of dismissal, or up to twelve months in exceptional circumstances

You Can Challenge Unfair Dismissal

Your options would be to file for reinstatement, reengagement, or compensation, these options as well as your other employee rights would best be discussed with a solicitor who has the experience and competence in the field of Irish labor relations

Review Your Contract

The first thing you should do if you and your employees are subjected to unfair dismissals is to review your contract.

Review Your Contract

It is not mandatory for Irish employers to provide their employees with copies of their contracts, but any wise employee would want to request for a copy as soon as both he and his employer signs it

Review Your Contract

Make sure that your contract indicates that you are working as an employee rather than as a contractor providing service only for a particular period of time

Review Your Contract

There are employers that try to skirt their unfair dismissals accountability by adding in a clause that waives the legislated provision as applied to employee rights

Review Your Contract

If you have a competent solicitor advising you, it would be easier for you to draw up your unfair dismissals charge and to file it in the appropriate institution

Your Employee Rights

Part of your employee rights in the Unfair Dismissals Act of 1977 is to be able to exploit whatever grievance procedures are contained in your Contract of Service or any other pertinent employee rights provisions and agreements in rule books followed by your employer as required in any union or management agreements

Your Employee Rights

Your employee rights include the right to bring up an unfair dismissal claim to the Rights Commissioner under the Labour Relations Commission or the Employment Appeals Tribunal

Your Employee Rights

This gives you a chance to require your employer to prove that you have been justly removed from employment for valid reasons as detailed in the Unfair Dismissals Act

Your Employee Rights

Once your solicitor files your charge for unfair dismissal against your employer, the burden of proof is left to your employer

Your Employee Rights

If you are to have a good chance at winning your unfair dismissal case, you should find a competent solicitor to represent you

Your Employer Will Have A Solicitor So You Need One

TooIt is definitely not advisable for you to go and try to handle your case on your own. You should not attempt to file any legal charges against your employer without sound and credible advice lest you overlook important provisions or requirements that could weaken your case and cause the employee rights tribunal to rule in favor of your employer

Your Employer Will Have A Solicitor So You Need One

Too

While you are employed, you should not take any disciplinary action from your employer lightly, thinking that you have employee rights to protect you against any adverse employee actions, on the contrary, your employer has the right to terminate you due to poor performance

Your Employer Will Have A Solicitor So You Need One

Too

Do not forget that if you are wrongly accused and terminated for reasons other than those legally stipulated causes, you have the right to be allowed to a full and fair hearing where you can respond to the allegations of your employer and appeal any disciplinary action taken against you

Your Employer Will Have A Solicitor So You Need One

Too

It is the job of your solicitor to take you through these proceedings and ensure that you get a fair decision from the employment tribunal.

Blackwell O’Reilly Solicitors

Blackwell O’Reilly Solicitors have many years of experience in dealing with Employment Law in Ireland. We have dealt with Employment Law cases from the Employees perspective but also from the Employers perspective

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