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Unfair Dismissal

  • 28-08-2008 9:52am
    #1
    BaZmO*
    Registered Users, Registered Users 2 Posts: 18,625 ✭✭✭✭


    Can someone please clarify as to where someone stands with regards to unfair dismissal in employment law.

    Can a company just let you go if you’ve been in full employment with them for close to two years? And if so, do they have to give you a reason.

    I also heard that they could let you go on the spot but if questioned under employment laws they can just say that the work has dried up and just pay you a couple of weeks salary. Is this true? And with regards to that point, is it true that they can’t hire someone for your position until a set amount of time?

    Thanks in advance.

    B.


Comments

  • #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    After a year in employment the dismissal has to be justified. Redundancy is a good justification. If someone is dismissed and another person recruited to do the same work then it is not a genuine redundancy. A very short time between one person leaving and another starting may also indicate a spurious redundancy.


  • #3
    BaZmO*
    Registered Users, Registered Users 2 Posts: 18,625 ✭✭✭✭BaZmO*


    Well what happens if someone is "let go" and told "it's not working out" and is then replaced by someone from within the company?


  • #4
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,375 CMod ✭✭✭✭Nody


    Solicitor time OP, we can't give you legal advice and don't have enough information. What matters will be the reason they present on paper (most likely redundancy) and not what they said though.

    In general terms you're entitled to the full notice period of pay (assuming you was not fired due to gross misconduct) and any outstanding holidays and over time (if paid) to be paid as well.


  • #5
    BaZmO*
    Registered Users, Registered Users 2 Posts: 18,625 ✭✭✭✭BaZmO*


    Nody wrote: »
    Solicitor time OP, we can't give you legal advice and don't have enough information. What matters will be the reason they present on paper (most likely redundancy) and not what they said though.

    In general terms you're entitled to the full notice period of pay (assuming you was not fired due to gross misconduct) and any outstanding holidays and over time (if paid) to be paid as well.
    Ah don't worry, it's not about me. It's hypothetical. I was just wondering where the law stands on this one.


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