1. Introduction Dismissal for misconduct is the most common substantive ground relied upon by employers under the Unfair Dismissals Acts 1977 to 2015. Section 6(4)(b) recognises conduct as a potentially fair reason for dismissal, but the procedural and substantive requirements are demanding. This article sets out the framework, including the distinction between misconduct and gross

1. Introduction Section 2(1)(a) of the Unfair Dismissals Act 1977 (as amended) restricts the protection of the Acts to employees with at least one year’s continuous service. This service requirement is a fundamental threshold question in every unfair dismissal complaint. This article sets out the operation of the one-year rule, the calculation of continuous service,

1. Introduction The right of appeal is a fundamental procedural protection in employment law. Its omission, or its inadequate operation, is a recurring cause of unfair dismissal findings before the WRC and the Labour Court. This article sets out the substantive content of the right of appeal, the procedural requirements that attach to it, and

1. Introduction A recent Labour Court determination in X Internet Unlimited Company v Y, on appeal from a WRC unfair dismissal decision, has had a significant impact on the calculation of remuneration in unfair dismissal cases under the Unfair Dismissals Acts 1977 to 2015. The Labour Court reduced what had been a record WRC award

1. Introduction Two recent decisions — one of the WRC and one of the Labour Court — have re-examined the requirements imposed on dismissed employees to mitigate their loss under Section 7 of the Unfair Dismissals Acts 1977 to 2015. The WRC decision in Conor Gilligan v Derrin Group Management Limited (ADJ-00058189) and the parallel

1. Introduction The case of David Henderson v The Bohemian Football Club Company Limited by Guarantee (ADJ-00056820), decided in July 2025, is a striking example of the WRC’s willingness to award the upper limit of compensation available to it where a redundancy is found to be a sham. The Adjudication Officer awarded the Complainant €26,000

1. Introduction Employees excluded from the protection of the Unfair Dismissals Acts 1977 to 2015 — typically by reason of insufficient service — may, in some circumstances, refer a dispute concerning their dismissal to the WRC under Section 20(1) of the Industrial Relations Act 1969. The Section 20 jurisdiction is a non-binding recommendation jurisdiction. This

1. Introduction Re-engagement is the middle of the three forms of redress available under Section 7(1) of the Unfair Dismissals Acts 1977 to 2015: reinstatement, re-engagement, and compensation. It is the form of redress most frequently sought by claimants who wish to return to the employer’s service but who recognise that a return to the

1. Introduction The case of Brian Gartland v Dundalk Town FC Limited (ADJ-00052398), decided in January 2025, is one of the most significant recent WRC decisions on the interaction between Section 6(2)(ba) of the Unfair Dismissals Acts 1977 to 2015 — which deems a dismissal unfair where it results wholly or mainly from a protected

1. Introduction Dismissal during a probationary period sits at the intersection of the Unfair Dismissals Acts 1977 to 2015 (which generally require one year’s service before protection applies) and the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (which transpose EU Directive 2019/1152 and impose new restrictions on probationary periods). This article sets out