Unfair Dismissal

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It is not impossible to dismiss an employee, but it is possible to dismiss an employee in a manner that will result in the employee being successful in an application before the Workplace Relations Commission.  In a recent case a man who was employed as a Senior Hotel Receptionist successfully sued his employer and was awarded €21,050.00 in compensation for unfair dismissal and technical breaches of employment legislation.  There were serious concerns over the Receptionist’s conduct at work, however, because correct procedures were not followed in the process dismissing him the Hotel was found to be at fault.  The employee lodged complaints under the Unfair Dismissal Act 1997, the Employment Equality Act 1998, the Terms of Employment Information Act 1994 and the Organisation of Working Time Act 1997.  This case illustrates the importance of procedure, the importance of compliance with procedure, the importance with the statutory code of practice and grievance procedures in the disciplinary process.  If you require any assistance in respect of any aspect of Employment Legislation please contact our Partner Finola Cronin at fcronin@dobbynmccoy.com

Tel. no. (051) 873087.