It will be up to the employer to prove that the employee’s dismissal was fair. The employer will need to prove that he/she has substantial grounds (i.e. Competence / Capability / Gross Misconduct / Redundancy or any other substantial reason) and that he/she applied fair procedures in the dismissal (i.e. did the employer investigate the issue before the employee was dismissed).
Substantial grounds and fair procedures go hand in hand. The employer must prove both in order to prove the dismissal was fair. For example, an employer might have substantial grounds for dismissal in that the employee was given several warnings in relation to his poor performance at work and his absenteeism. However, if fair procedures were not applied the dismissal could be deemed unfair.
An employee has a Constitutional Right to fair proceedings at disciplinary hearings and must be informed that he has the right to be represented by a work colleague or trade union representation. If the employee was not offered this, fair procedures may not have been applied which could result in a finding of an unfair dismissal.
Have A Question ? Contact A Solicitor Now
Phone +353-1-8401780 or email us below:
29 Main Street
Opposite AIB Bank
Swords, Co. Dublin
Telephone: +353 1 840 1780
Facsimile: +353 1 840 1793