Unfair Dismissal

Expert Legal Support for Unfair Dismissal Cases

If you need expert legal advice on unfair dismissal, Employment Law Solicitor is here to help. Our experienced employment law team advises both employers and employees on all aspects of unfair dismissal claims. We have a proven track record of securing successful outcomes through both formal and informal dispute resolution methods.

Speak with one of our Dublin-based specialist employment solicitors to discuss how we can assist with your unfair dismissal case.

Unfair Dismissal Law Resources:

Guide to Unfair Dismissal under Irish Employment Law
Bringing an Unfair Dismissal Claim
Alternative Sanctions to Dismissal
Unfair Dismissal Cases and Claims
Unfair Dismissal under Irish Employment Law (Video)
What is a Dismissal in Ireland?

What Constitutes a Dismissal in Ireland?

“In general, a person is dismissed when the employer informs them clearly and unequivocally that the contract is at an end or if the circumstances leave no doubt that dismissal was intended or that it may be reasonably inferred.” — Redmond on Dismissal Law

What is an Unfair Dismissal?

A dismissal is considered unfair unless the employer can demonstrate substantial grounds to justify it. These may include issues related to the employee’s capability, competence, or conduct.

Grounds for Dismissal

An employer may justify a dismissal based on one of the following reasons:

The employee’s capability, competence, or qualifications in performing their role
The conduct of the employee
Redundancy

Can an Employee Be Dismissed for Poor Performance?

Yes, but the employer must:

Inform the employee of performance concerns before dismissal
Warn the employee that continued underperformance may lead to dismissal
Provide an opportunity for improvement

Employers do not need to prove that the employee was actually incapable or incompetent—only that, after following a fair process, they honestly believed this to be the case.

Can an Employee Be Dismissed for Misconduct?

Yes, but fair procedures must be followed. The employer must:

Clearly outline the allegations
Give the employee a reasonable opportunity to respond
Provide supporting evidence
Ensure the dismissal is proportionate to the misconduct

How Do You Prove Unfair Dismissal?

An unfair dismissal claim can be brought before the Workplace Relations Commission (WRC). The WRC assesses whether the dismissal was fair based on factors such as notice, the opportunity to respond, and whether the dismissal was proportionate.

Must an Employee Appeal an Unfair Dismissal?

Yes. If an internal appeal process is available, the employee should exhaust this option before taking legal action. However, an appeal does not change the dismissal date unless specified. Employers are not legally required to provide an appeal process under Code of Practice SI 146 of 2000.

What Remedies Are Available for Unfair Dismissal?

If a claim for unfair dismissal is successful, the employee may receive one of three forms of redress:

Reinstatement: Returning to the same position with full back pay
Reengagement: Reemployment in the same or a similar role under suitable conditions
Compensation: A financial award based on lost earnings