Best Wrongful Termination Lawyers in Passage West

About Wrongful Termination Law in Passage West, Ireland

In Ireland, what many people call wrongful termination is usually addressed under two main legal concepts: unfair dismissal and wrongful dismissal. Unfair dismissal is a statutory claim under Irish employment legislation that examines whether your employer had a fair reason to dismiss you and followed fair procedures. Wrongful dismissal is a common law claim that focuses on breach of contract, usually where you were dismissed without proper notice or in breach of a contractual procedure. Passage West is in County Cork, and the same national employment laws and procedures apply throughout Ireland. Most dismissal disputes are taken to the Workplace Relations Commission, with appeals to the Labour Court.

Dismissal can be direct, such as being told your employment is over, or constructive, where you resign because of your employer’s conduct leaving you with no reasonable alternative. Remedies can include compensation, re-instatement, or re-engagement, depending on the facts and the legislation used.

Why You May Need a Lawyer

You may need a lawyer if you believe your dismissal was unfair, discriminatory, retaliatory, or in breach of contract. A lawyer can help you assess whether you meet the legal tests, gather evidence, and choose the right forum and claim type. Typical situations include being dismissed without fair procedures, being selected for redundancy on unfair or discriminatory grounds, resigning because of serious bullying or a fundamental breach of contract, being dismissed after making a protected disclosure, or being dismissed while pregnant or on maternity leave.

Legal assistance is also helpful for navigating strict time limits, valuing compensation, considering settlement options, and managing parallel issues like references, restrictive covenants, or data access requests to obtain your personnel records and emails.

Local Laws Overview

Unfair Dismissals Acts 1977-2015: Most employees need at least 12 months continuous service to bring an unfair dismissal claim. Key exceptions include dismissals connected to pregnancy or maternity leave, trade union membership or activity, making a protected disclosure, asserting statutory employment rights, discriminatory grounds covered by equality law, and certain health and safety activities. Employers must have substantial grounds for dismissal and must use fair procedures aligned with the Code of Practice on Grievance and Disciplinary Procedures. Claims are brought to the Workplace Relations Commission within 6 months of the dismissal date, extendable to 12 months for reasonable cause. Remedies include compensation up to 104 weeks remuneration, re-instatement, or re-engagement.

Protected Disclosures Act 2014 as amended in 2022: If you are dismissed wholly or mainly for making a protected disclosure, you may seek interim relief from the Circuit Court on an urgent basis and can recover up to 5 years remuneration as compensation. Penalisation short of dismissal is also prohibited.

Employment Equality Acts 1998-2015: It is unlawful to dismiss or select for redundancy on discriminatory grounds including gender, civil status, family status, sexual orientation, religion, age, disability, race, and Traveller community membership. Claims go to the Workplace Relations Commission within 6 months, extendable to 12 months. Remedies can include compensation up to 2 years remuneration and other orders.

Minimum Notice and Terms of Employment Acts 1973-2005: Unless dismissed for gross misconduct, employees are entitled to statutory minimum notice based on service. From 13 weeks to 2 years service equals 1 week notice, 2 to 5 years equals 2 weeks, 5 to 10 years equals 4 weeks, 10 to 15 years equals 6 weeks, and 15 years or more equals 8 weeks. Contractual notice may be longer. Payment in lieu of notice is common.

Redundancy Payments Acts 1967-2014: Redundancy must be genuine and fairly implemented. Statutory redundancy is generally 2 weeks pay per year of service plus a bonus week, subject to a weekly pay ceiling. Unfair selection or lack of consultation may give grounds for an unfair dismissal or equality claim.

Constructive Dismissal: To succeed, an employee must usually show a fundamental breach of contract or that the employer acted so unreasonably that resignation was the only reasonable option. Employees are generally expected to use internal grievance procedures first, if feasible.

Other protections: Fixed-term and part-time employees are protected from less favourable treatment. Agency workers have certain equal treatment rights. Transfers of undertakings protect continuity of employment on a business transfer. Health and safety complaints and trade union activities are protected. Data protection law can help you access personal data relevant to your case.

Process and forums: Most cases start at the Workplace Relations Commission, which can offer early resolution or mediation. If unresolved, a formal hearing occurs. Decisions can be appealed to the Labour Court. Certain urgent whistleblowing dismissals can go to the Circuit Court for interim relief.

Frequently Asked Questions

What is the difference between unfair dismissal and wrongful dismissal

Unfair dismissal is a statutory claim about whether the dismissal was substantively and procedurally fair. Wrongful dismissal is a contractual claim about breach of contract, often focused on notice or contractual procedures. You can sometimes bring both, but they address different issues and remedies.

Do I need 12 months service to bring a claim

For unfair dismissal, most employees need 12 months continuous service, but there are important exceptions, including dismissals connected to pregnancy, equality grounds, whistleblowing, exercising statutory rights, trade union activity, or health and safety. Wrongful dismissal and equality claims do not require 12 months service.

How long do I have to bring a claim

You usually have 6 months from the date of dismissal to file a complaint with the Workplace Relations Commission. This can be extended to 12 months if you show reasonable cause for the delay. Equality claims have the same 6 month time limit. Act quickly because missing deadlines can end your claim.

What counts as a fair reason for dismissal

Common fair reasons include capability or competence, qualifications, conduct, redundancy, illegality of continuing employment, or other substantial grounds. Even with a potentially fair reason, employers must follow fair procedures, including investigation, a hearing, an opportunity to respond, representation, and an appeal.

What is constructive dismissal

Constructive dismissal occurs when you resign because of your employer’s conduct, such as a fundamental breach of contract or unreasonable treatment. You must usually show you had no reasonable alternative to resignation and that you tried to resolve the issue internally where feasible.

Can I be dismissed while on probation

Probation does not give employers a free hand. They must still respect equality, whistleblowing, and other protected rights. While bringing an unfair dismissal claim during probation can be restricted by the 12 month service rule, you may still have claims for discrimination, whistleblowing, or wrongful dismissal for lack of notice.

What compensation could I receive

For unfair dismissal, compensation can be up to 104 weeks remuneration, based on your financial loss and efforts to mitigate by seeking new work. For dismissals linked to protected disclosures, compensation can be higher, up to 5 years remuneration. Equality claims can attract up to 2 years remuneration. Wrongful dismissal compensation typically reflects notice pay and related contractual losses.

What if I was made redundant

Redundancy must be genuine and fairly conducted, with consultation and fair selection. Discriminatory selection or using redundancy as a disguise for disciplinary issues can lead to an unfair dismissal or equality claim. You may also be entitled to a statutory redundancy lump sum and notice or pay in lieu.

How do I start a case from Passage West

You submit a complaint to the Workplace Relations Commission using its online complaint procedure. Hearings are often listed at venues in County Cork or nearby. Many disputes resolve through early resolution or mediation. Appeals go to the Labour Court. Legal advice can help you select the correct claim type and prepare evidence.

Can I get interim relief if I was dismissed for whistleblowing

Yes. Under the Protected Disclosures legislation you can apply to the Circuit Court for interim relief on an urgent basis, typically within 21 days of dismissal, seeking to continue your employment or pay pending the outcome.

Additional Resources

Workplace Relations Commission

Labour Court

Citizens Information

Irish Human Rights and Equality Commission

Legal Aid Board

Data Protection Commission

Health and Safety Authority

Cork Citizens Information Service

Next Steps

Write down the key facts surrounding your dismissal, including dates, meetings, and who was present. Keep copies of your contract, handbook, disciplinary or redundancy letters, emails, performance reviews, and any notes you made at the time.

Request your personnel records if needed. A data subject access request can help you obtain emails and files that mention you.

Check the deadline. Calculate the 6 month time limit from your dismissal date and aim to act much sooner.

Use internal procedures if appropriate. If you are still employed or considering constructive dismissal, follow the grievance process where possible. If already dismissed, consider any internal appeal deadline.

Seek legal advice early. A solicitor can assess your eligibility for an unfair dismissal, equality, whistleblowing, or wrongful dismissal claim, value your case, and outline settlement options.

File your complaint with the Workplace Relations Commission. Consider early resolution or mediation. Prepare a clear witness statement and gather documentary evidence to support your case.

Consider settlement. Many dismissal disputes resolve by agreement, which can address compensation, references, confidentiality, and non-disparagement.

If you believe the dismissal was due to a protected disclosure, take urgent advice about Circuit Court interim relief and ensure you act within the short timeline.

If you lose at first instance and advice supports it, consider an appeal to the Labour Court within the relevant timeframe.

Throughout the process, keep job searching to mitigate loss, maintain records of applications, and preserve all correspondence related to your dismissal and your efforts to find new work.