March 6, 2018
February’s Client Newsletter From Lavelle Solicitors
In the February edition of our client newsletter, we discuss Start-Ups Preparing for Investment Are you involved in a Start-Up ? Do you know what you should consider when...
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.
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:
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.
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:
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.
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.
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