Work

Wrongful dismissal.

Two different claims are often confused. Unfair dismissal is a statutory claim to the Workplace Relations Commission about whether the dismissal was justified and fairly done. Wrongful dismissal is a contract claim, usually about notice, and can go to the civil courts. We advise employees on which one fits, and employers on how to avoid both.

Talk to us about a dismissal Check the deadline

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At a glance

The six month WRC limit is strict. If you are anywhere near it, ring before you do anything else.

01Unfair dismissalWRC, six month limit, one year's service

02Wrongful dismissalBreach of contract, civil courts

03Constructive dismissalYou resigned because you had no choice

04Who we act forEmployers and employees

How it is assessed

What the adjudicator actually looks at.

An employer has to show both a fair reason and a fair process. Failing on either is enough.

Was there a fair reason

Conduct, capability, redundancy or some other substantial ground. The employer has to prove it. The employee does not have to prove the opposite.

Was the process fair

Notice of the allegation, sight of the evidence, a real chance to respond, representation, and an appeal. Skipping steps is the most common way employers lose.

Was dismissal proportionate

Even where misconduct is proven, the adjudicator asks whether a reasonable employer would have dismissed, or whether a warning would have done.

Constructive dismissal

Where you resigned, the burden flips. You have to show the employer's conduct was so bad that resignation was reasonable, and usually that you tried the grievance procedure first.

Notice and contract claims

Where the complaint is that you were not paid your notice or a contractual entitlement, that is a Payment of Wages or wrongful dismissal claim and runs on different rules.

Remedy

Compensation for financial loss up to two years' pay, reduced if you contributed to the dismissal or did not look for work. Reinstatement and re-engagement are possible but rare.

Common questions

The things people ring us about first.

I was let go by text message

How you were told matters. A dismissal with no meeting, no allegation and no chance to respond is very likely to be found unfair, whatever the reason.

I have less than a year's service

You may still have a claim if the dismissal was for pregnancy, a protected disclosure, trade union activity or discrimination. Otherwise a contract or notice claim may be the route.

I resigned. Is that the end of it

Not necessarily. If you resigned because the situation was intolerable, that may be a constructive dismissal. It is harder to prove, so tell us the full story.

Should I appeal internally first

Usually yes, and quickly. It shows you engaged with the process and the WRC expects it. It does not stop the six month clock, so we lodge in parallel if needed.

What does it cost

The WRC does not award costs, so each side bears its own. We tell you at the first meeting what our involvement will cost and whether the claim is worth running.

Bring this to a first meeting

Your contract, the dismissal letter or message, any warnings, minutes of meetings, and a dated timeline. Rough is fine.

Make an appointment

Before you ring

Two things you can check tonight.

Checker