Dismissal from work with or without any notice on any given day is an unfair thing to do. An employee sacked for reasons associated with membership in a trade union, unfair selection for redundancy, pregnancy, legal proceedings, race, colour, age, sexual orientation and religious or political opinion in Ireland has every right to bring claims.
However, solicitors in Cork exclaim that it is only possible on fulfilment of certain conditions. Wish to hear? Then read ahead and check if you are eligible for reinstatement, compensation or re-engagement from the Work Relations Commission (WRC) or the Labour Court.
Conditions to Fulfil for an Employee to Bring up Claim for Wrongful Termination from Job
According to law firms in Cork, a worker can claim back the position held before dismissal or any other position, which is reasonably suitable if the person brings up a claim and it is successful. However, doing it is not as seamless as you think it to be. The following requirements should be met:
- The complaint must be made within 6 months of dismissal
There are certain time limits within which you must raise a complaint. As you can check, it’s within 6 months of dismissal from the job. As per the Unfair Dismissal Acts, this is called the ‘date of dismissal’ when the notice expires. It can be extended, but only when you have proper reasons to justify the delay.
- The person must have served the employer for at least 12 months
There is a condition though. The employee must have served the employer continuously for 12 months to appeal for unfair dismissal. Exceptions are there. A claim for unfair dismissal can also be brought if the reason cited was you being a trade union member, pregnant, have availed of rights to apply for maternity/ paternity/ parental leaves or made a protected disclosure.
- If the dismissal is based on discrimination
Dismissal on grounds of gender, race, family status, religious belief, civil status, sexual orientation, age, disability and traveller community membership is utterly illegal. This applies even if the employee is employed for less than a year.
- The employee must work under a contract of service
One of the most common confusions of all time is considering ‘contract of service’ and ‘contract for services’ as the same. The latter implies an employment status whereby a self-employed worker receives payment in return for rendering services. However, an employee must be employed under a ‘contract of service’ to bring up a claim on grounds of unfair dismissal.
To know more about the differences between various employee statuses, approach solicitors in Cork.
- If it was a constructive dismissal
Constructive dismissal refers to the ending of a contract by a worker in response to the poor conduct of an employer. It can be with or without notice. Claims of unfair dismissal can also be brought up in such a scenario. You may have to prove the unethical actions of your employer towards you.
The cases of workers dismissed by the employer also stand a chance to appeal in the Court of Law.
Approaching law firms in Cork in cases of unfair dismissal makes more sense. After all, just as who can bring up claims, there is also a list of who cannot. Moreover, not everyone is aware of the WRC adjudication process and how things proceed after making a complaint. Therefore, it’s best to seek the legal advice of solicitors for things to roll out properly.
Author Bio:
The author has been penning SEO-optimised articles for her clients for over 6 years. She has worked with many of them, one of which is a solicitor in Cork. Not only have her write-ups guided readers seeking legal advice, but have also added to her profile, and now, she is recognised for her versatility in writing.
