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UnfairDismissalAct

Leaving Cert business

TermDefinition
Incompetence on the part of the employee An employee who consistently fails to meet the standards of work expected of them can be dismissed. E.g. A driver who cannot drive.
Qualifications (misrepresentation by the employee) An employee who lied about their qualifications and who does not in fact have the qualifications needed to do the job can be dismissed. E.g.
Misconduct by the employee An employee who engages in illegal or inappropriate activity at work can be dismissed. Such activities include stealing, fighting, drunkenness etc.
Redundancy An employee can be dismissed if their employer has to make them redundant because the business is going through a bad time and cannot afford to keep them on. E.g. The need to reduce financial costs.
Pregnancy An employee cannot be dismissed just because she is pregnant or because of matters relating to her pregnancy such as giving birth, going to ante-natal classes, taking maternity leave etc.
Race An employee cannot be dismissed just because of the colour of their skin or their ethnic background.
Membership of a Trade Union An employee cannot be dismissed just because they are in or are just about to join a trade union or because they engage in trade union activities in work or outside of work.
Membership of the Travelling Community An employee cannot be dismissed just because they are a member of the travelling community.
Taking Strike Action An employee cannot be dismissed just because they are taking part in an official strike.
Sexual Orientation An employee cannot be dismissed because of their sexual orientation. E.g. being gay.
Political or Religious Beliefs An employee cannot be dismissed just because of their religious or political beliefs. E.g. being a Catholic.
Redundancy The redundancy of the employee which is unfair. E.g. an employee chosen because of personality differences.
Employee is suing the employer in the courts. An employee cannot be dismissed just because they are suing their employer or is a witness in a case against their employer.
Age Dismissal on the grounds of age, other than being under 16 or reaching the normal retiring age for that particular employment, is deemed to be unfair.
Employment Appeals Tribunal (EAT). - This is a statutory agency set up under the Unfair Dismissals Act.
Re-instatement The employee is given their old job back with exactly the same pay and conditions
Re-engagement The employee is given their old job back or a different but reasonably suitable.
Compensation The employee is paid an amount of money by their former employer as compensation for the financial loss they suffered as a result of unfair dismissal.
Constructive Dismissal. This is where an employee resigns from their job because of their employer’s conduct towards them.
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