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What constitutes unfair dismissal

  • 07-12-2012 4:47am
    #1
    Registered Users, Registered Users 2 Posts: 7


    If a person is "let go" following a valid and certified week-long hospitalisation this would normally be considered unfair dismissal. However, would the same hold true if the person was still within their 6-month probationary period ?


Comments

  • Closed Accounts Posts: 35,514 ✭✭✭✭efb


    under a year an employee has few employment rights (re termination) unless they are pregnant.


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    After a year, the dismissal is assumed to be unfair unless the employer can prove otherwise, i.e. the law is on your side unless your employer can establish that it was fair (procedurally and in fact). It's whats known as a rebuttable presumption.


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