Taking away a person’s livelihood should always be a last resort. There will be circumstances where termination of employment is the only recourse. Our advice to Employers is to ‘begin with the end in mind’. What if your decision to terminate someone’s employment is challenged by a Third Party? The starting point under the Unfair Dismissals Act is that the termination of employment was unfair. It is up to the employer to prove otherwise.
Unless and until you can prove, with supporting documents, that you applied your own fair procedure and natural justice, the dismissal will be held to be unlawful. The remedy can be one of re-instatement, re-engagement or compensation (with a maximum of 24-months pay). The legal cost to defend a claim for Unfair Dismissals is normally at €5,000.
Boyd HR are here to guide you in making the right decisions, keep you on the beaten track and to minimise the risk to your organisation. For advice on any aspect of employee dismissal, contact Boyd HR today on 074 912 3150 or at info@boydhr.ie.