The Unfair Dismissals Act 1997-2015 governs the unfair termination of employment.
In most cases, in order to claim for unfair dismissal under this legislation, an employee must have completed a minimum of 12 months continuous service. However, in circumstances where a dismissal is considered automatically unfair, this service requirement does not always apply.
A dismissal considered to be automatically unfair relates to an employee’s rights. Dismissals occurring for any of the reasons listed below are deemed automatically unfair:
- Membership or proposed membership of a Trade Union or engaging in trade union activities, either during permitted work times or outside of working hours.
- Religious or political opinions.
- Legal proceedings against an employer where an employee is a party or a witness.
- Race, colour, sexual orientation, age or membership of the Traveller community.
- Unfair selection for redundancy.
- Making a protected disclosure under the Protected Disclosures Act 2014
- Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth.
- Availing of rights under legislation to the following forms of protected leave; Maternity, Adoptive, Force Majeure, Paternity, Parental*, and Carer’s Leave*.
*There is a 12-month service requirement before an employee is entitled to Parental Leave & Carer’s Leave.
Cases of automatic dismissal examined by the WRC will not be considered under length of service (except on grounds referenced above).
In a recent case the WRC found in favour of an employee who argued that after she was sighted in conversation with her Union Rep, she was subject to unfavourable treatment by her employer. She was scolded for poor performance and reassigned duties while non-union co-workers were not.
Additionally, she put forward that her manager rebuked her standard of vacuuming despite earlier approval from her supervisor. The employee was subsequently dismissed and brought her claim for unfair dismissal on the ground of Trade Union Membership.
Her claim was upheld and the dismissal deemed as automatically unfair. As a consequence, the employee with just three months service was awarded €5,000.
This case highlights not only the potential cost to employers but also the importance of understanding automatically unfair dismissal and the associated implications.
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