More Information

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Topics

Purpose
Who dose the ace cover?
Resons for unfair dismissals
Resons for fair dismissals
Remedies for Unfair Dismissals
Constructive Dismissal

Purpose

This act outlines situations where the dismissal of an employee is unfair. The burden of proof that the dismissal is fair rests with the employer. Claims under the act must normally be brought within 6 months of the dismissal having taken place.

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Who does this act cover?

All employees except:

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Reasons for unfair dismissals

The act lists the following reasons for unfair dismissal:

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Reasons for fair dismissals

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Remedies for Unfair Dismissals

If someone feels they have been dismissed unfairly they can seek to have their case investigated by either a Rights Commissioner or the Employment Appeals Tribunal. If either party disputes the decision of the Rights Commissioner, they can then appeal it to the Employment Appeals Tribunal.

Remedies for unfair dismissal will be one of the following:

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Constructive Dismissal

This is where the employee resigns, but claims that his employer’s conduct forced his resignation. According to the act, before a dismissal of this nature can be regarded as a dismissal, the employee must first prove his case. An employee, who finds himself, in a situation that he thinks will cause him to resign, should first use the firm's grievance or complaints procedure before he resigns.

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