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Unfair Dismissal V Wrongful Dismissal

  • 06-10-2009 10:16pm
    #1
    censuspro
    Registered Users, Registered Users 2 Posts: 881 ✭✭✭


    Can anyone help explain the difference between the two?


Comments

  • #2
    bear17
    Closed Accounts Posts: 35 ✭bear17


    I'm pretty sure that wrongful dismissal is provided for under common law, and unfair dismissal arises under the Unfair Dismissals Acts. Unfair is much stronger in nature, basically because a "dismissal" (as defined in the Act) is presumed to be unfair by the employment legislative framework until proven otherwise by the employer, whereas for a wrongful dismissal, the onus is on the dismissed employee to take the action via the courts, and to establish that the dismissal is wrongful.


  • #3
    sparkling sea
    Registered Users, Registered Users 2 Posts: 1,410 ✭✭✭sparkling sea


    Under the Unfair Dismissals Acts of 1977, 1993 and 2001 if an employee is to be fired for their incompetence the correct procedure of warnings oral and written must be followed.

    Employees must choose between the remedies of wrongful and unfair dismissal, it is not possible to pursue both remedies.

    Wrongful dismissal is really a breach of contract, an employee takes a case to High court, which could award substantial compensation. Firstly they seek an interlocutory injunction forcing their employers to pay wages until the trial date.
    There is no limit on the damages that can be awarded.The courts can award cost for or against the employee and the employers unlike the Employment Appeals Tribunal (EAT).

    In order to take an unfair dismissal action the employee must have been employer for at least a year and the action must be taken within 6 months of the dismissal. You must have been dismissed in order to bring a claim. The one exception to this is the concept of constructive dismissal where you resign but claim that your employer's conduct towards you forced your resignation.

    If the unfair dismissal case is successful, compensation received by an employee will be monetary value of the period of notice that should have been given. Other remedies could include reinstatement or re-engagement.

    Since October 1993 an unfair dismissal case can be taken directly to the Employment Appeals Tribunal without having to notify the Rights Commissioner Service under the Unfair Dismissals Acts 1977 to 2001. These Acts provides that every dismissal is unfair unless the employer can show substantial grounds for justifying the dismissal and can be asked to furnish these in writing within 14 days of the dismissal.

    The decision of the EAT can be appealed to the Circuit Court and a full appeal can be made to the High Court, and an appeal on the transcript to the Supreme Court

    Hope this is helpful


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