Unfair Dismissal
Were You Unfairly Dismissed?
Under the Unfair Dismissals Acts, if you have 12 months' service your dismissal is presumed unfair unless your employer can prove otherwise. The burden of proof sits with them, not you. Many dismissals that felt "by the book" at the time fall apart under scrutiny because the employer skipped fair procedure.
Your dismissal may be unfair if any of the following apply:
- You were dismissed without a proper disciplinary process or right of appeal
- You were let go under the label of "redundancy" but the role still exists
- You were dismissed after raising a grievance, protected disclosure or health and safety concern
- You felt forced to resign because of your employer's conduct (constructive dismissal)
- Your dismissal was connected to pregnancy, family leave or trade union membership
Strict time limits apply. A claim to the Workplace Relations Commission must normally be brought within 6 months of dismissal, late claims are only accepted in limited circumstances.
What You May Be Entitled To
Compensation for unfair dismissal can be up to 2 years' remuneration, based on your actual financial loss. In some cases reinstatement or re-engagement may be ordered instead. In our experience, the majority of well-prepared claims settle before ever reaching a hearing, which means a faster outcome and less stress for you.
Unfair Dismissal Solicitor Dublin
Expert legal advice on unfair dismissal claims under Irish employment law.
Our Process
1. Review the Dismissal
We assess the circumstances of your dismissal, the reason given, the process followed, and whether proper procedures were observed at every stage.
2. Examine Fair Procedures
We determine whether the sanction of dismissal was proportionate and within the range of reasonable responses available in the circumstances.
3. Challenge the Decision
We advise you on challenging the dismissal, including an internal appeal and the options for bringing a WRC complaint.
4. Bring Your Claim
We submit your complaint to the Workplace Relations Commission within the six month time limit and represent you through the hearing and any Labour Court appeal.
Evaluate & Improvement
The Unfair Dismissals Acts place the burden of proof squarely on the employer.
Once an employee establishes that a dismissal took place, the employer must demonstrate that it resulted from one of the permitted grounds, capability, competence, conduct, redundancy, contravention of a statutory requirement, or other substantial grounds.
Even where a valid reason exists, the dismissal must still be procedurally fair. Failure to follow fair procedures, including adequate notice, the right to be heard, and access to an appeal, can render an otherwise justified dismissal unfair.
Remedies for unfair dismissal include reinstatement, re-engagement, or financial compensation of up to two years’ remuneration.
The WRC will consider the employee’s contribution to the dismissal and any failure to mitigate losses when determining the appropriate award.
GROUNDS FOR DISMISSAL
Capability, competence, conduct, redundancy, or other substantial grounds. The employer must prove the reason and that it justified dismissal.
FAIR PROCEDURES
Notice of the issue, right to respond, right to representation, and access to an appeal. A flawed process can make any dismissal unfair.
YOUR REMEDIES
Reinstatement to your role, re-engagement in a comparable position, or compensation of up to two years' pay.
Frequently Asked Questions
Was There a Valid Reason?
- The employer must prove the dismissal was based on permitted grounds
- Dismissal is presumed unfair unless the employer discharges the burden of proof
- Reasons related to pregnancy, trade union activity, or protected disclosures are automatically unfair
- The reason given at the time of dismissal is what the employer must stand over
Was the Process Fair?
- The employee must be told clearly what the issue is
- A reasonable opportunity to respond must be provided
- The right to representation at disciplinary meetings should be afforded
- Access to an appeal before a different decision-maker is expected
Was Dismissal Proportionate?
- Dismissal must be within the range of reasonable sanctions
- Progressive discipline should generally be applied before termination
- A first offence will rarely justify dismissal unless it amounts to gross misconduct
- The WRC assesses what a reasonable employer would have done in the same circumstances
Making Your Claim
- Complaint to the Workplace Relations Commission within six months
- Extension to 12 months where reasonable cause for the delay is shown
- Appeals to the Labour Court within 42 days of the WRC decision
- Remedies include reinstatement, re-engagement, or up to two years’ compensation
Do You Have a Case?
90% of our clients' claims succeed. Get a straight answer on where you stand.
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Straight answers, in three steps
Most people have never needed a solicitor before. Here is exactly what happens when you contact us.
Tell Us What Happened
Send the form or call us. We listen, ask the right questions, and give you a straight answer on whether you have a case worth pursuing.
Agree The Plan Of Action
We set out exactly how your case will run and what to expect at each stage, all agreed in writing before anything begins. WRC claims usually must be lodged within six months, so we move quickly.
We Pursue Your Claim
Negotiation first, then the WRC, Labour Court or civil courts if needed. Most of our clients settle without ever facing a hearing.