Essential points

  • The expression 'unfair dismissal' refers to a statutory regime that is governed by the Unfair Dismissals Acts 1977 to 2015 (“the Acts”). To bring a claim under the acts, the employee will generally (subject to some exceptions) need to have to have one year’s continuous service with their employer. Such claims are brought at first instance before the Workplace Relations Commission (WRC).
  • The acts are not the only source of protections for employees who are dismissed. Dismissals that are effected for discriminatory reasons, or as a reaction to the employee’s assertion of legal rights, can be the subject of complaints to the WRC under other statutes.
  • The expression 'wrongful dismissal' relates to a separate type of action that arises at common law. An action for wrongful dismissal is based on a breach of ordinary contract law. Claims are brought before the Circuit Court or High Court and there is no qualifying time period.

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Please note

While every care has been taken in compiling this content, neither the CIPD nor Byrne Wallace Shields may be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.

 

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