There is nothing more stressful than being made redundant or being unfairly dismissed. In addition, you may have been bullied in your workplace or have been discriminated against by your employer or your work colleagues. Equally for an Employer the range of current Employment Legislation is daunting.
We can advise you on employment best practices and draft your contracts and policies. We will advise you in your dealings with your employees from simple matters like holiday pay to representing you before the Employment Appeals Tribunal.
Employment Appeals Tribunal
If an employee qualifies under the unfair dismissals legislation, they may make a claim to the Employment Appeals Tribunal and we provide representation at the Employment Appeals Tribunal for the hearing of these cases. Where a claim is heard by the Employment Appeals Tribunal, the Tribunal will issue a determination. There is a right of appeal by either party to the Circuit Court from a determination of the Tribunal.
Constructive dismissal arises where an employee terminates their contract of employment, with or without prior notice, due to the conduct of their employer. An employer’s conduct must have been such that it would have been reasonable for an employee to terminate their contract without giving notice.
If an employee terminates their employment and claim constructive dismissal under the unfair dismissals legislation, the onus is on the employee to prove that the resignation was justified.
In general, employees must have 12 months continuous service with their employer to bring a claim under the unfair dismissal legislation. If an employee wishes to make a claim they should do so within 6 months of the date of the termination of employment. This time limit may be extended to 12 months in cases where exceptional circumstances have prevented the lodgement of the claim within 6 months.