It is unlawful for an employer to unjustifiably dismiss an employee.
There are many different types of dismissal including dismissal after warnings for misconduct or poor performance, dismissal for serious misconduct, dismissal due to long term ill health, abandonment of employment, and dismissal as a result of a restructuring or redundancy.
Recently we have seen an increase in dismissals for bullying and sexual harassment.
Aggrieved employees can raise personal grievance claims if they consider they have been unjustifiably dismissed. They can seek remedies for their grievance including reimbursement of lost wages or salary, compensation for humiliation and injury to feelings and sometimes they can seek reinstatement. They can also make claims for their legal costs.
We are experienced in advising our clients (be they employers or employees) on if there are grounds for a personal grievance claim and if so how to raise it with the employer or how the employer can defend itself from the claim.
If an employer needs advice about how to respond to an unjustified dismissal claim or a personal grievance claim by an employee, we can help with this.
If an employee feels he or she has been unjustifiably dismissed, we can advise that employee.
We can also advise on constructive dismissal situations. Constructive dismissals can occur when an employee feels forced to resign either because he or she is given the option of resigning or being dismissed or he or she is wrongly treated by his or her employer to such an extent that he or she feels there is no option but to resign.
We also advise about no fault trial periods and probationary periods. Under the Employment Relations Act 2000 employers with fewer than 20 employees can have no fault trial periods for new employees for up to 90 days from the commencement of the employment.
If an employee is considering raising a personal grievance, they need to note that they only have 90 days either beginning with the date on which the action amounting to a personal grievance occurred or the date on which the action came to the notice of the employee – whichever date is later. If the personal grievance relates to a claim of sexual harassment, an employee has 12 months from the date on which the grievance occurred.