What right of appeal has an employee who has been unfairly dismissed?
The Unfair Dismissals Acts enable employees who believe they have been unfairly dismissed to present a claim of unfair dismissal to either:
- a Rights Commissioner or
- to the Employment Appeals Tribunal.
Who qualifies to make the appeal?
The Acts apply to employees over age 16 with at least 12 months’ continuous service with the exception of:-
- Close relatives of the employer who live and work in the same private house/farm
- Members of the Defence Forces or Gardaí
- FAS apprentices who have been dismissed within one month of the end of their apprenticeship
What exceptions are there to the 12 month rule?
The requirement for 12 months’ service does not apply to an employee whose dismissal results from one or more of the following:
- The employee's trade union membership
- Any matters connected with pregnancy, giving birth or breastfeeding
- Exercising or proposing to exercise rights to protective leave or natal care absence
- Exercising or proposing to exercise rights to parental leave, force majeure leave or carer's leave
- Exercising or proposing to exercise rights to adoptive leave or additional adoptive leave