You Can Challenge Unfair Dismissal
Employees who have been victims of unfair dismissals have a venue for redress of their grievances. Although the Unfair Dismissals Act enacted in 1977 does not protect these dismissed employees against being let go of, it gives them a chance to appeal their dismissal and ask for an explanation from their employer as to the reason for their termination. Such cases are ruled by the Irish employment tribunal either at the Employment Appeals Tribunal or at the Labour Relations Commission. If you believe that you have been unjustly dismissed by your employer, you have to file a claim with any one of these legal institutions within six months from your date of dismissal, or up to twelve months in exceptional circumstances. Your options would be to file for reinstatement, reengagement, or compensation, these options as well as your other employee rights would best be discussed with a solicitor who has the experience and competence in the field of Irish labor relations.
Review Your Contract
The first thing you should do if you and your employees are subjected to unfair dismissals is to review your contract. It is not mandatory for Irish employers to provide their employees with copies of their contracts, but any wise employee would want to request for a copy as soon as both he and his employer signs it. Make sure that your contract indicates that you are working as an employee rather than as a contractor providing service only for a particular period of time. There are employers that try to skirt their unfair dismissals accountability by adding in a clause that waives the legislated provision as applied to employee rights. If you have a competent solicitor advising you, it would be easier for you to draw up your unfair dismissals charge and to file it in the appropriate institution.
Your Employee Rights
Part of your employee rights in the Unfair Dismissals Act of 1977 is to be able to exploit whatever grievance procedures are contained in your Contract of Service or any other pertinent employee rights provisions and agreements in rule books followed by your employer as required in any union or management agreements. Your employee rights include the right to bring up an unfair dismissal claim to the Rights Commissioner under the Labour Relations Commission or the Employment Appeals Tribunal. This gives you a chance to require your employer to prove that you have been justly removed from employment for valid reasons as detailed in the Unfair Dismissals Act: once your solicitor files your charge for unfair dismissal against your employer, the burden of proof is left to your employer. If you are to have a good chance at winning your unfair dismissal case, you should find a competent solicitor to represent you.
Your Employer Will Have A Solicitor So You Need One Too
It is definitely not advisable for you to go and try to handle your case on your own. You should not attempt to file any legal charges against your employer without sound and credible advice lest you overlook important provisions or requirements that could weaken your case and cause the employee rights tribunal to rule in favor of your employer. While you are employed, you should not take any disciplinary action from your employer lightly, thinking that you have employee rights to protect you against any adverse employee actions, on the contrary, your employer has the right to terminate you due to poor performance. Do not forget that if you are wrongly accused and terminated for reasons other than those legally stipulated causes, you have the right to be allowed to a full and fair hearing where you can respond to the allegations of your employer and appeal any disciplinary action taken against you. It is the job of your solicitor to take you through these proceedings and ensure that you get a fair decision from the employment tribunal.
