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Under the terms of the Unfair Dismissals Act 1977/1993, explain the grounds for dismissal that are deemed to be fair - Leaving Cert Business - Question B - 2004
Question B
Under the terms of the Unfair Dismissals Act 1977/1993, explain the grounds for dismissal that are deemed to be fair. Describe the different types of redress that a... show full transcript
Worked Solution & Example Answer:Under the terms of the Unfair Dismissals Act 1977/1993, explain the grounds for dismissal that are deemed to be fair - Leaving Cert Business - Question B - 2004
Step 1
Under the terms of the Unfair Dismissals Act 1977/1993, explain the grounds for dismissal that are deemed to be fair.
Answer
The Unfair Dismissals Act 1977/1993 outlines several grounds under which a dismissal can be considered fair:
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Incompetence on the part of the employee: An employee may be dismissed if they are unable to meet the required standards of performance. Employers must provide evidence of performance issues and offer opportunities for improvement.
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Qualifications (misrepresentation by the employee): If an employee provides false information about their qualifications during the hiring process, this serves as grounds for fair dismissal. Employers should verify qualifications before hiring.
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Misconduct by the employee: Actions such as theft, violence, or gross insubordination are considered misconduct and can justify dismissal. It is typically necessary for employers to document incidents of misconduct and conduct an investigation before dismissal.
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Redundancy: Dismissal due to redundancy occurs when positions are eliminated due to business reasons such as reorganization or cost-cutting. Employers must follow a fair process, which often includes consideration of alternative roles for affected employees.
Step 2
Describe the different types of redress that are available to employees for unfair dismissal. Illustrate your answer with appropriate examples.
Answer
Employees who believe they have been unfairly dismissed have access to several forms of redress:
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Reinstatement of the employee: This involves reinstating the employee to their previous position. For example, if an employee was dismissed without just cause, they can be returned to their original job if the tribunal finds in their favor.
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Re-engagement of the employee: In cases where reinstatement is not feasible, re-engagement may occur in a different role within the same organization. For instance, if a dismissal was found to be unfair but the employment relationship could still be salvaged, the employee may be placed in a similar position elsewhere in the company.
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Monetary compensation up to a maximum of two years’ salary: If reinstatement or re-engagement isn’t practical, the tribunal may award financial compensation. This could be based on the employee's loss of earnings and other impacts suffered due to the unfair dismissal. For example, an employee could be compensated for their monetary losses incurred during the period they were jobless due to unfair dismissal.