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Unfair & Constructive Dismissal

Facing unfair dismissal disciplinary action can be deeply stressful and worrying for any employee.  Not only is your job and income at risk, but such action can dent both the confidence and reputation of the employee concerned.If you believe you are unfairly facing disciplinary action and/or dismissal, it is important to seek legal advice to understand your rights and entitlements and the options available to you for recourse.

What is meant by unfair dismissal under Irish law?

The Unfair Dismissals Acts 1977–2015 state that unfair dismissal is deemed to have occurred if your employer dismisses you without substantial reason justifying the dismissal. In addition, you may have been unfairly dismissed if on the basis of:

  • Trade union membership
  • Religious or political opinions
  • Civil or criminal proceedings against the employer by the employee
  • Race, colour, sexual orientation, age, or membership of the Traveller community
  • Pregnancy
  • Maternity leave, adoptive leave, paternity leave, carer’s leave, parental leave or force majeure leave
  • Unfair selection for redundancy
  • Whistleblowing

If you have terminated your employment as a result of the unfair and unreasonable conduct of your employer, it may be open to you to seek redress against your employer on the basis of constructive dismissal.

I am facing workplace disciplinary proceedings – what should I do?

The Code of Practice on Grievance and Disciplinary Procedures prescribes best practice for the handling of grievance and disciplinary proceedings by employers. The Code is designed to ensure that any procedures are fair and rational, the basis for any disciplinary proceedings are made clear to the employee concerned, as well as any possible penalties and the internal appeal procedure. Having been advised you may face a disciplinary process, your employer should follow a step by step process, that may ultimately result in:

  • An oral warning
  • A written warning
  • A final written warning
  • Suspension without pay
  • Transfer to another task, or section of the enterprise
  • Demotion
  • Some other appropriate disciplinary action short of dismissal
  • Dismissal

It is essential that your employer allows you the opportunity to respond fully to any complaint and affords you a ‘fair and impartial determination of the issues concerned’.

If you have any concerns that you are being treated unfairly at any stage of the process, it is important to seek the guidance and advice of an employment Solicitor who specialises in disciplinary matters. Doing so will allow you to understand your legal rights, ensuring that any decisions you make are made with the full facts to hand.

How Lavelle Partners can assist you in relation to Unfair Dismissal & Disciplinary Action in Ireland

  • For over 30 years, our team of employment law Solicitors, headed by Senior Partner, Marc Fitzgibbon, have been providing legal expertise in relation to unfair dismissal & disciplinary action in the workplace. Over that time, we have developed an enviable reputation for providing legal excellence and empathetic support for our valued clients.
  • Marc is a former member of the Law Society of Ireland’s Employment & Equality Law Committee and the European Employment Lawyers Association.
  • We understand the emotional impact of uncertainty in relation to unfair dismissal & disciplinary action and we will handle your case with the utmost empathy and determination to defend your rights.
  • From the first moment you speak to one of our employment law Solicitors, we will listen to your case carefully and with the greatest of empathy. Furthermore, we understand that unfair dismissal and disciplinary matters need to be managed with the utmost confidentiality.

Our partnership with Talbot Pierce

Lavelle Partners work with Talbot Pierce to provide a seamless service in respect of Human Resource Management. Talbot Pierce is a team of specialist HR professionals who work with us on a range of matters including advice on and delivery of conflict/dispute resolution solutions, best-practice HR strategies, policies and procedures.

For further information on workplace unfair dismissal & disciplinary action in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.

Please get in touch with one of our specialists