Losing your job is devastating — especially when you know the reason given was not the real one, or when no proper process was followed. In Ireland, you have significant legal protection against unfair dismissal. Most people do not realise how strong their position actually is.
Under the Unfair Dismissals Act 1977, a dismissal is presumed to be unfair unless your employer can show it was for a substantial reason — such as capability, conduct, or redundancy — and that a fair procedure was followed before the decision was made.
Both elements must be present. An employer who dismisses an employee for a genuine reason but without proper procedure can still lose an unfair dismissal claim. Common failures include not putting allegations in writing, not holding a disciplinary hearing, not offering the right of appeal, and not giving adequate warning before dismissal.
You have six months from the date of dismissal to file a complaint with the Workplace Relations Commission. In exceptional circumstances this can be extended to twelve months, but do not rely on this. Speak to a solicitor as soon as possible after dismissal.
Maria had worked in a logistics company in Dublin for four years. She was a reliable employee with no disciplinary record. One Tuesday morning, her manager asked to meet with HR present. By Thursday she was gone, given two days pay in lieu of notice and told the company was restructuring.
Three weeks later, Maria saw her exact job title advertised on LinkedIn. The salary was slightly higher and the role description was word for word what she had been doing.
Her solicitor brought a claim to the WRC on two grounds — unfair dismissal and potentially redundancy where no genuine redundancy situation existed. The employer had no documentation of any restructuring process, no consultation with Maria, and no selection criteria.
The WRC hearing lasted less than two hours. The adjudicator found in Maria's favour on both grounds.
Free assessment. No obligation. WRC claims filed within your deadline.
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