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Wrongful Dismissal/Unfair Dismissal?

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  • 22-10-2008 5:06pm
    #1
    SuperBelly
    Closed Accounts Posts: 7 ✭


    Here's one for ye. Say you have been dismissed from work on a charge of gross misconduct that was never investigated. Under 'Unfair dismissal' statutes you would have a very strong case as no disciplinary or grievance procedures were followed. But what if you had only 11 months service, the reason for dismissal was serious but unfounded, does this leave you with no recourse? Can you claim damages through 'wrongful dismissal' in the civil courts as your right to natural justice (an implied term in every contract) was infringed and would these damages amount to much? Any thoughts?
    Tagged:


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    #2
    ALFIET
    Closed Accounts Posts: 142 ✭✭ALFIET


    Hi Would recommend talking to a solcitor. First consultation should be free,

    The unfair dismissal legislation will not be open to you as you only have 11 months service.

    However take note... the 11 months - is it that you have worked 11 months. Do you have a notice period - normally this is 1 month- did you have any hols remaining ( say a few days)

    11 months plus 1 month plus any remaining hols = more than 12 months.. therefore unfair dismissal law would apply.....


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    #3
    dats_right
    Registered Users Posts: 1,168 ✭✭✭dats_right


    This can be a complicated area of law. Talk to a solicitor.


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    #4
    ALFIET
    Closed Accounts Posts: 142 ✭✭ALFIET


    Agreed. The specifics of each case would have to be reviewed on their own merits.


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