Employment Law Solicitors Dublin: How To Fight Unfair Dismissal
Employers and business owners sometimes pass as masters of your employment destiny. They decide whether you stay at work or are dismissed. Employment law solicitors Dublin thinks that such a scenario should not be used to intimidate you. Dismissal in all cases must be fair and deserved.
The challenge for most complainants is interchanging wrongful with unfair dismissal. There are miles of difference between these two scenarios.
• Wrongful dismissal– this is where the employer dismisses you against the provisions of your contract. It can be simply viewed as breach of contract. Being dismissed without notice or with a shorter notice than you are entitled to is a reason for you to approach the court and seek redress. The law does not require you to have worked for a particular period in order to bring a claim against wrongful dismissal.
• Unfair dismissal- the law on unfair dismissal may vary from one situation to the other. You are required to have worked for a particular period- 2 years and more- for you to bring up a case of unfair dismissal. This means that the case will not center around provisions of your contract but the employer having a reason to dismiss you. There are several legal justifications that an employer can quote in order to dismiss you. They include lack of qualification or capability to perform the job, such gross misconduct accusations like poor attendance or dishonesty, contravention of legal statutes like hiring a driver who has over-speeding tickets, etc. These grounds can be accepted for fair dismissal. However, they will have to be argued and justified in order to pass the test.
Choosing Between Unfair And Wrongful Dismissal
Compensation for the two situations differs based on the veracity of accusations. You therefore need to make the right choice when presenting a case before the court or tribunal. There is a period within which you can file a claim in the employment courts and tribunals. Get guidance from professional and specialist solicitors to safeguard your rights in court. In most cases, wrongful dismissals fetch a higher compensation than unfair dismissal.
An example is where you are dismissed for theft that you did not commit. Such a case would be both wrongful dismissal and unfair dismissal. The two claims can be presented together or separately. Wrongful dismissal comes where you did not commit the crime. It is also unfair because you fail to get a notice for dismissal. Remember that each case is unique. You will need to separate issues in order to gain maximum compensation. You may also be dismissed in lieu of notice. This means that the employer has catered for losses emanating from your dismissal. You cannot bring a case against such an employer.
About Lawlor Partners
Lawlor Partners are the most experienced employment solicitors in Dublin. After working for years in the industry, you are guaranteed the best representation and deserved compensation. We will help you resolve all your employment disputes in the shortest time and deliver the best compensation. We treat your case as unique and handle it with all the professionalism it deserves.