About unfair dismissal

pirelli

There was some confusion about unfair dismissal in an earlier thread. I am not giving legal advice nor do I guarantee the following facts are correct. The following information serves only as a reference.

You can't bring a claim for unfair dismissal unless you have 12 months continuous service.
However....
If you have less than 12 month's continuous service you may bring a claim for unfair dismissal if you are dismissed for:

Trade union membership or activity, Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth.
Availing of rights granted by the Maternity Protection Acts 1994 and 2004, the Adoptive Leave Acts 1995 and 2005, the National Minimum Wage Act 2000, the Parental Leave Acts 1998 and 2006 and the Carer's Leave Act 2001the Adoptive Leave Acts 1995 and 2005, the National Minimum Wage Act 2000, the Parental Leave Acts 1998 and 2006 and the Carer's Leave Act 2001
Giving legal advice is sometimes worse than asking for legal advice.



The employee can also have less than 12 month's continuous employment and take an action of discriminatory dissmissal to the Equality Tribunal.
There is also Discriminatory dismissal in which employment legislation prohibits dismissal based on any of the 9 grounds for discrimination.

*****************************************************
PROTECTION OF EMPLOYEES (PART-TIME WORK) ACT, 2001

15.—(1) An employer shall not penalise an employee—

(a) for invoking any right of the employee to be treated, in respect of the employee's conditions of employment, in the manner provided for by this Part, or

(b) for having in good faith opposed by lawful means an act which is unlawful under this Act, or

(c) for refusing to accede to a request by the employer to transfer from performing—

(i) full-time work to performing part-time work, or

(ii) part-time work to performing full-time work,

or

(d) for giving evidence in any proceedings under this Act or giving notice of his or her intention to do so or to do any other thing referred to in paragraph (a), (b) or (c).

(2) For the purposes of this section, an employee is penalised if he or she—

(a) is dismissed, suffers any unfavourable change in his or her conditions of employment or any unfair treatment (including selection for redundancy), or

(b) is the subject of any other action prejudicial to his or her employment,

but, where any such action with regard to the employee is in respect of the matter referred to in subsection (1)(c), that action shall not constitute a penalisation of the employee if both of the following conditions are complied with—

(i) having regard to all the circumstances, there were substantial grounds both to justify the employer's making the request concerned and the employer's taking that action consequent on the employee's refusal, and

(ii) the taking of that action is in accordance with the employee's contract of employment and the provisions of any other enactment of the kind to which section 20 (2) applies.

(3) If a penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts, 1977 to 1993, relief may not be granted to the employee in respect of that penalisation both under this Part and under those Acts.

(4) In this section—

“full-time work” means work which, if it were performed, would result in the person performing it being regarded as a full-time employee for the purposes of this Act;

“part-time work” has the same meaning as it has in section 13

*****************************************************


PROTECTION OF EMPLOYEES (FIXED-TERM WORK) ACT 2003


http://www.irishstatutebook.ie/2003/en/act/pub/0029/index.html


13.—(1) An employer shall not penalise an employee—

(a) for invoking any right of the employee to be treated, in respect of the employee's conditions of employment, in the manner provided for by this Part,

(b) for having in good faith opposed by lawful means an act which is unlawful under this Act,

(c) for giving in any proceeding under this Act or for giving notice of his or her intention to do so or to do any other thing referred to in paragraph (a) or (b), or


(d) by dismissing the employee from his or her employment if the dismissal is wholly or partly for or connected with the purpose of the avoidance of a fixed-term contract being deemed to be a contract of indefinite duration under section 9 (3).

(2) For the purposes of this section, an employee is penalised if he or she—

(a) is dismissed or suffers any unfavourable change in his or her conditions of employment or any unfair treatment (including selection for redundancy), or

(b) is the subject of any other action prejudicial to his or her employment.



There are many actions that a dismissed employee can take.

The staus of that employee is important and whether there was any penalisation/unfavorable treatment or discrimination of that employee.

madamab

Hi I wonder can anyone help? This is my first time on boards. Its regarding a situation I find myself in. Last year at work I became a whistleblower and my name was disclosed and rather than receive an apology I was told they could do what they liked even though I was promised annonymity and they did not have to justify themselves to me. After 6 months of keeping my head down and looking for other jobs I got one in January , resigned giving my reason exactly as I've said. I wrote a letter to a director who asked to see me and he apologised on behalf of the company and assured me this should never have happened and he would make sure it never did. He asked me to reconsider my resignation as he felt I did not want to leave by my letter. In truth I didnt, after 8 years I was devastated. Anyway it gets worse I ve just heard the rest of the guys are being made redundant and I have lost out by 7 weeks. Needless to say I am fuming. Can anyone offer advice? please

Little-Devil

madamab wrote: »

Anyway it gets worse I ve just heard the rest of the guys are being made redundant and I have lost out by 7 weeks. Needless to say I am fuming. Can anyone offer advice? please

You should have stayed for seven more weeks. Nothing you can do about it now, you handed in your notice and left.
The End!

madamab

yes , hindsight is a very wonderful thing we are blessed with! If I endured it for 7 months I would have stuck at it for another 7 weeks.

Little-Devil

madamab wrote: »

yes , hindsight is a very wonderful thing we are blessed with! If I endured it for 7 months I would have stuck at it for another 7 weeks.

You dont have a leg to stand on i'm afraid. The BIG lump for 8yrs service would have being nice. I'm suprised you didnt hear anything about this before you left the company.

madamab

Of course I didnt, it was kept secret. The guys have only just been told, everyone is shellshocked. To get back to the reason I left , after 8 years of excellent service where I was extremely happy, until I was treated appaulingly and my life was made quite unbearable by what management had done. From that angle I am asking if anyone knows would I have a case for constructive dismissal? The company is still operating.

Little-Devil

madamab wrote: »

From that angle I am asking if anyone knows would I have a case for constructive dismissal? The company is still operating.

I dont know honestly, but hopefully someone has something positive to say. I think you will need proof and if you brought this to the attention of HR then you should have a strong case.

If i'm being honest, it sounds like your only doing this because your bitter about the redundancy you missed out.

Good luck.

madamab

If im being honest, I would say I am bitter. Yes of course I am, I work for a company for over 8 years , was an excellent employee , very happy in what I was doing, attendance excellent, awards, letters from customers, I never had any intention of leaving only because of the way I was treated. But because I had to leave, I have now missed out on a "tidy sum" and yes I have every right to be aggrieved and you sound like you are enjoying it.

Little-Devil

madamab wrote: »

But because I had to leave, I have now missed out on a "tidy sum" and yes I have every right to be aggrieved and you sound like you are enjoying it.

I dont think you were forced or manhandled out the door by management. We all have choice when it comes to the work place this why most have a HR department and union representative in the work place were you can raise any issues you have. The fact you left and gave your notice and you admit souer grapes you wont have chance and i know this, trust me.

Tom Young

Legal advice is not allowed, despite the sentiments of the OP, it seems we've gone there again. Thread locked.