Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Unfair Dismissals Law

  • 24-11-2012 5:39pm
    #1
    Registered Users, Registered Users 2 Posts: 1,507 ✭✭✭


    Hi guys,

    In an assignment for college I've to critically evaluate the following statement:
    "Unfair dismissal law in Ireland - an example of a law loaded against the employer."

    I have most of my essay done at this stage, but I feel I haven't evaluated the law enough, bare in mind I've agreed with the statement that the law is a little harsh on employer.

    I'm trying to find out how the law compares with other countries unfair dismissal law which I'm struggling to find. As well as new developments which could make the law a little fairer on employers. Is there any other areas of the law where I could argue is a bit harsh on employers? (That's just my opinion)

    If anyone could help me a bit or put me in the right direction I'd be grateful!


Comments

  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Finical wrote: »
    Hi guys,

    In an assignment for college I've to critically evaluate the following statement:
    "Unfair dismissal law in Ireland - an example of a law loaded against the employer."

    I have most of my essay done at this stage, but I feel I haven't evaluated the law enough, bare in mind I've agreed with the statement that the law is a little harsh on employer.

    I'm trying to find out how the law compares with other countries unfair dismissal law which I'm struggling to find. As well as new developments which could make the law a little fairer on employers. Is there any other areas of the law where I could argue is a bit harsh on employers? (That's just my opinion)

    If anyone could help me a bit or put me in the right direction I'd be grateful!

    Employee small - Employer BIG (that's my opinion anyway). Is there anything wrong with it being loaded against an employer. Our fair procedures come from constitutional justice - are you suggesting we should alter B na E - (Not having a go but might be worth some critical analysis)

    Look at the US - attitude of no one is entitled to their job. Look at developments in the UK (recent and proposed) - do they sit better with you? They don't with me.

    No assignment is complete without some Denning - he normally has something to say about a disparity of arms - not specifically for employment but some of the dicta on exclusion clauses and a like could easily be applied.


  • Registered Users, Registered Users 2 Posts: 1,507 ✭✭✭Finical


    Employee small - Employer BIG (that's my opinion anyway). Is there anything wrong with it being loaded against an employer. Our fair procedures come from constitutional justice - are you suggesting we should alter B na E - (Not having a go but might be worth some critical analysis)

    Look at the US - attitude of no one is entitled to their job. Look at developments in the UK (recent and proposed) - do they sit better with you? They don't with me.

    No assignment is complete without some Denning - he normally has something to say about a disparity of arms - not specifically for employment but some of the dicta on exclusion clauses and a like could easily be applied.

    Thanks for the quick reply.

    Yeah I agree with you I prefer it that the employee has more power from the Law as previous the employers would of got away with a lot of unfair dismissals. Probably did in the boom as well as there was always work available.

    Good point about the US too.

    Appreciate it!


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Finical wrote: »
    Thanks for the quick reply.

    Yeah I agree with you I prefer it that the employee has more power from the Law as previous the employers would of got away with a lot of unfair dismissals. Probably did in the boom as well as there was always work available.

    Good point about the US too.

    Appreciate it!

    To be fair you've taken the majority view - going through the ringer yourself gives you a somewhat different view. Coming from a very unionISED family my father found it somewhat amusing (after I'd got shot of my previous employer) that my opinions on employment had changed somewhat :D

    Either way - one thing that I think gets missed by many is the 'fair procedures' argument. Ireland is unique (as far as I know) in the common law world with this impacting so heavily on things like disciplinary procedure. Lots of law surrounding this and a good source of an interesting paragraph or two. Especially as altering employment legislation as it stands could conceivably throw up constitutional issues. Then again I have a penchant for seeing things that aren't there.


  • Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    Find sites equivalent to www.citizensinformation.ie in other English speaking countries and see what they say in general terms.
    Finical wrote: »
    bare in mind
    :)


Advertisement