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In Ireland, most claims described as wrongful termination are considered under unfair dismissal law. A separate wrongful dismissal claim may concern breach of contract, such as inadequate notice or failure to follow contractual terms.
If you live or work in Arklow, your complaint normally goes through the national Workplace Relations Commission (WRC), not a separate local employment tribunal. The Commission decides the appropriate hearing arrangements, so do not assume a hearing will take place in Arklow.
A dismissal may be challengeable if the employer lacked a fair reason or used an unfair process. Redundancy disputes, discrimination claims and claims about notice can involve different legal tests and remedies.
You were dismissed from a job based in Arklow and need to assess whether the stated reason and disciplinary process were fair.
You worked at an Arklow site for an employer based elsewhere, and need to identify the correct employer and the right forum for a complaint.
Your role was made redundant, but you question whether the redundancy was genuine or whether selection and consultation were fair.
You were dismissed after raising concerns about pay, workplace safety, leave or another employment right, and need advice on evidence and possible claims.
You believe discrimination related to a protected ground contributed to your dismissal, or that you were treated unfairly after requesting an adjustment.
You felt forced to resign because of your employer’s conduct and need advice on the demanding test for constructive dismissal.
Unfair Dismissals Act 1977: This Act sets out when a dismissal may be unfair and provides for claims to the WRC. A minimum period of service, usually 12 months, applies to many claims, but statutory exceptions exist.
Employment Equality Act 1998: This Act prohibits employment discrimination on specified grounds, including in dismissal. Equality claims can have different eligibility rules from ordinary unfair dismissal claims.
Minimum Notice and Terms of Employment Act 1973: This Act provides minimum notice entitlements based on service, subject to its terms and exceptions. A notice dispute may be separate from whether the dismissal itself was fair.
These Acts have been amended over time. The relevant rules depend on the claim and the circumstances of the employment.
The main statutory route is usually an unfair dismissal claim under the Unfair Dismissals Acts. “Wrongful dismissal” may instead refer to a contractual claim, such as dismissal without the required notice.
You generally have six months from the date of dismissal to submit a complaint to the WRC. The period may be extended to 12 months where the statutory test for an extension is met, so get advice promptly.
Many unfair dismissal claims require 12 months of continuous service. Exceptions apply in specified circumstances, and other types of claims, including some discrimination claims, have different eligibility rules.
Possibly, through a constructive dismissal claim. You generally need to show that the employer’s conduct justified ending the employment, and the burden of proof can be difficult to meet.
Keep your contract, dismissal or resignation letter, disciplinary records, relevant emails and messages, payslips, and notes of meetings. For a redundancy or discrimination dispute, preserve documents explaining selection, workplace changes or the treatment you experienced.
Probation does not automatically remove every legal protection, but ordinary unfair dismissal eligibility rules may affect a claim. Discrimination and certain other statutory claims can apply regardless of a 12-month service period.
The WRC may refer the complaint to an adjudication officer, who considers the evidence and issues a decision. The Commission sets the hearing arrangements, and a party may generally appeal a decision to the Labour Court within 42 days.
There is no guaranteed timetable; the wait depends on the complaint and the Commission’s schedule. The process may take several months or longer, so keep records and meet every submission deadline.
For unfair dismissal, remedies can include reinstatement, re-engagement or compensation, depending on the case. Compensation is generally linked to financial loss and is capped at 104 weeks’ remuneration under the Unfair Dismissals Acts.
No. The employer must have a genuine redundancy situation and follow a fair process, including fair selection where relevant. You may also need to consider any separate statutory redundancy entitlement.
There is no standard fee for employment-law advice, and charges depend on the work required. Ask for the fee basis and likely stages of work in writing; there is generally no fee to submit a complaint to the WRC.
Workplace Relations Commission: Provides information on employment rights and accepts workplace complaints, including unfair dismissal complaints.
Labour Court: Hears appeals from WRC adjudication decisions and deals with certain employment-rights matters.
Law Society of Ireland: Provides a solicitor directory that can help you identify solicitors offering employment-law advice in or near Arklow.
Check your deadline immediately. Note your dismissal date and the six-month WRC limit; do not wait to seek advice if the deadline is approaching.
Collect key documents over the next few days. Gather your contract, dismissal letter, payslips, disciplinary correspondence and a dated account of relevant events.
Identify the issues you want assessed. Write down whether you dispute the dismissal reason, the process, redundancy selection, discrimination, notice or a forced resignation.
Find two or three employment solicitors. Search for solicitors in Arklow or elsewhere in Wicklow who handle WRC dismissal claims, and ask whether they can advise before your deadline.
Arrange an initial consultation promptly. Ask what evidence is needed, which legal routes may apply and what work can realistically be completed before the filing deadline.
Confirm costs and the scope of work in writing. Clarify the fee basis, any likely additional costs, who will prepare the WRC complaint and whether representation at a hearing is included.
Agree the next actions and dates. Keep copies of submissions, follow your lawyer’s evidence requests and diarise the WRC deadline and any later appeal deadline.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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