Best Wrongful Termination Lawyers in Carrigaline

About Wrongful Termination Law in Carrigaline, Ireland

In Ireland, what many people call wrongful termination is usually dealt with under two headings. Unfair dismissal is a statutory claim brought to the Workplace Relations Commission, often called the WRC, under the Unfair Dismissals Acts 1977 to 2015. Wrongful dismissal is a separate common law claim for breach of contract that is taken in the civil courts. Carrigaline is in County Cork, and employment disputes here are governed by national Irish law. Hearings are typically scheduled by the WRC in regional venues, often in Cork City, and appeals go to the Labour Court. If you believe you were dismissed without fair reason or fair procedure, selected for a sham redundancy, forced to resign because of your employer’s conduct, or penalised for asserting your rights, there may be a legal pathway to challenge what happened.

Why You May Need a Lawyer

Employment dismissal disputes can turn on details of contracts, policies, timelines, and the procedures an employer followed. You may need a lawyer if you were dismissed for alleged misconduct or performance issues and you suspect the investigation or disciplinary process was unfair, if you were placed at risk of redundancy and believe selection criteria were arbitrary or discriminatory, if you were on probation or had less than 12 months’ service and are unsure whether an exception applies, if you resigned because of bullying, unsafe work, or a fundamental breach of your contract, if you made a protected disclosure or raised a health and safety concern and believe you were penalised, if you are being offered a settlement agreement and need advice on terms, references, tax, and waivers, or if you need help preparing a WRC complaint, gathering evidence, presenting your case, or negotiating a settlement. A solicitor can clarify your options, protect deadlines, assess the strength of your claim, and help you secure the best available outcome.

Local Laws Overview

Key Irish laws apply in Carrigaline just as they do nationwide. The Unfair Dismissals Acts 1977 to 2015 protect most employees with at least 12 months’ continuous service. There are important exceptions to the 12 month rule, including dismissals connected to trade union membership or activity, pregnancy, maternity leave, parental leave and related rights, whistleblowing under the Protected Disclosures Act 2014 and 2022, exercising health and safety rights, asserting statutory rights such as minimum wage or working time, and discrimination under the Employment Equality Acts 1998 to 2015. The nine equality grounds are gender, civil status, family status, age, disability, religious belief, race including colour, nationality or ethnic or national origins, sexual orientation, and membership of the Traveller community.

Fair procedure is central. Before dismissal for performance or conduct, an employer is expected to investigate fairly, inform you of the allegations or issues, give you an opportunity to respond, allow representation where appropriate, and consider lesser sanctions. They should apply their own disciplinary policy and follow natural justice. The burden is on the employer in an unfair dismissal case to show substantial grounds for dismissal and that fair procedures were used.

Constructive dismissal can arise where an employee resigns because of the employer’s conduct, for example serious breach of contract, bullying, or unilateral changes to core terms. The threshold is high, and you are generally expected to use internal grievance procedures first if reasonably possible.

Redundancy is lawful only if it is genuine and meets the statutory definition. Selection should be fair and objective. Employees with the required service may be entitled to a statutory redundancy payment in addition to minimum notice. Employers must consult properly, and additional obligations apply to collective redundancies.

Minimum notice is governed by the Minimum Notice and Terms of Employment Acts. After 13 weeks’ service you are entitled to at least one week’s notice, increasing with service as follows. From 2 to less than 5 years it is 2 weeks, from 5 to less than 10 years it is 4 weeks, from 10 to less than 15 years it is 6 weeks, and from 15 years onward it is 8 weeks. Pay in lieu is often used instead of working the notice period if the contract allows.

Wrongful dismissal is a breach of contract claim in the courts. It usually concerns termination without the contractual or statutory notice, or without following a contractual disciplinary process. Damages generally reflect notice pay and benefits, not the broader losses that can be awarded for unfair dismissal. In urgent cases, employees sometimes apply to the High Court for an injunction to restrain a dismissal or to compel an employer to follow contractual fair procedures.

Time limits are strict. Most WRC complaints must be lodged within 6 months of the dismissal or alleged contravention. In limited circumstances this can be extended to 12 months if you show reasonable cause for the delay. Remedies for unfair dismissal include reinstatement, re-engagement, or compensation up to a maximum of 2 years’ remuneration, subject to your duty to mitigate loss. WRC decisions can be appealed to the Labour Court. Costs are generally not awarded in the WRC, so each party typically bears their own legal costs.

Frequently Asked Questions

What is the difference between unfair dismissal and wrongful dismissal

Unfair dismissal is a statutory claim to the WRC that focuses on whether there was a fair reason and fair procedures. Wrongful dismissal is a civil court claim that focuses on breach of contract, such as failure to give proper notice or to follow a contractual disciplinary procedure. The remedies and procedures differ, and you can sometimes consider both, but you cannot recover twice for the same loss.

Do I need 12 months’ service to bring an unfair dismissal claim

Often yes, but there are key exceptions. You can bring a claim regardless of service length if the dismissal is connected to protected grounds such as pregnancy, whistleblowing under the Protected Disclosures legislation, trade union activity, health and safety activities, exercising statutory rights, or discrimination under the Equality Acts. A solicitor can assess whether an exception applies in your circumstances.

What is the deadline to bring a claim

Most WRC complaints must be filed within 6 months of the dismissal. The WRC may extend this to 12 months if you show reasonable cause for the delay, but extensions are not automatic. Act promptly to protect your position.

What compensation could I receive if I win

For unfair dismissal, the WRC can order reinstatement, re-engagement, or compensation up to 2 years’ remuneration depending on your losses and efforts to find new work. The WRC can reduce awards if you contributed to your dismissal, failed to mitigate your loss, or if fair procedures were followed but the sanction was disproportionate. For wrongful dismissal in court, damages usually cover notice pay and related benefits.

I was told I am redundant. How do I know if it is genuine

A genuine redundancy relates to the job ceasing or diminishing due to business needs, restructuring, closure, or similar reasons rather than issues personal to you. Warning signs of a sham redundancy include your role being refilled shortly after, lack of consultation, inconsistent selection criteria, or targeting individuals who recently asserted rights. You may also have statutory redundancy entitlements if you meet the service and contribution conditions.

I resigned because of how I was treated. Can I claim constructive dismissal

Possibly. Constructive dismissal arises when you resign because your employer fundamentally breached your contract or made working conditions intolerable, for example by serious bullying, non payment of wages, or unilateral changes to key terms. The threshold is high. You should generally raise a grievance and give the employer a chance to fix the problem unless doing so would be futile or unsafe.

Can I be dismissed during probation

Yes, dismissal during probation can occur, and some probationary dismissals are excluded from the Unfair Dismissals Acts if the contract contains a probation clause. However, you still retain protection on automatic grounds such as discrimination, pregnancy, whistleblowing, and health and safety. Employers should also act fairly and in good faith, especially for misconduct allegations.

Can my employer fire me for making a protected disclosure or a health and safety complaint

No. The Protected Disclosures legislation and the Safety, Health and Welfare at Work Act prohibit penalisation for whistleblowing or raising safety concerns. Dismissals for these reasons can be automatically unfair and can attract significant remedies.

Do I need a solicitor for a WRC case

You can represent yourself, but legal advice can help you frame your claim, gather evidence, prepare witness statements, assess settlement options, and present your case effectively. The WRC generally does not award legal costs, so factor that into your decision.

How long will a WRC case take and what happens at the hearing

Timelines vary by caseload and location. After you file, the WRC issues directions and a hearing date. At the hearing, an adjudication officer hears both sides, considers documents and witness evidence, and issues a written decision. Appeals go to the Labour Court, which conducts a de novo hearing.

Additional Resources

Workplace Relations Commission adjudication service and mediation service. Labour Court for appeals. Citizens Information for plain English guidance on employment rights. Legal Aid Board for civil legal aid eligibility. Law Society of Ireland for finding a solicitor. Free Legal Advice Centres, often called FLAC, for volunteer advice clinics in Cork. Health and Safety Authority for safety and penalisation issues. Irish Human Rights and Equality Commission for equality and discrimination guidance.

Next Steps

Write a clear timeline of events including key dates for warnings, meetings, suspension, dismissal, or resignation. Gather documents such as your contract, staff handbook, policies, correspondence, meeting notes, performance reviews, any appeal or grievance, payslips, and your final payment details. Consider making a data access request if you need your personnel file or investigation records.

Act quickly to meet the 6 month WRC deadline. Take advice on whether your situation is best pursued as an unfair dismissal, a discrimination or penalisation claim, a redundancy dispute, or a wrongful dismissal in the courts. Do not sign a severance or settlement agreement without legal advice about waivers, tax treatment, confidentiality, references, and any post termination restrictions.

If you wish to proceed, consult an employment solicitor in Cork, prepare your complaint form with the correct legal basis, and keep evidence of your job search to demonstrate mitigation of loss. If internal appeal or grievance routes are still open, consider using them promptly. Throughout, keep communications factual and professional, and preserve all relevant emails and messages.

This guide is general information. For advice tailored to your circumstances in Carrigaline, speak to a qualified Irish employment law solicitor without delay.