Constructive Dismissal in Ireland – A Quick Guide for Employees

by perpetualadm

There are many reasons for employees and employers to part their ways. Some causes can be related to finding a new job, or changes in the company. However, there are also instances when termination of a contract happens in less pleasant circumstances, and the employee chooses to file for constructive dismissal in Ireland

What is Constructive Dismissal?

What exactly is constructive dismissal and when can it be used? Let’s find out. Constructive dismissal in Ireland occurs when an employee ends their contract due to the behaviour of the employer. Such an incident usually happens when the worker simply is no longer able to endure the circumstances at their workplace and chooses to quit. Due to these factors, the decision about leaving the job can happen with or without prior notice. Of course, there may be various reasons for the employee to select this particular course of action. Most common examples include such instances as reduction of pay, bullying, harassment, highly unprofessional behaviour of a manager or a coworker, or even change of the workplace location. 

When can you Claim Constructive Dismissal in Ireland?

Of course, there are few conditions that you need to fulfil in order to claim for constructive dismissal in Ireland. For once, you have to be employed by the said employer for at least twelve consecutive months. The application itself needs to be deposited within six months of terminating your commitment from the company. However, if there are special circumstances that prevent filing a case, the time limit can be extended to twelve months. 

Vital steps during Constructive Dismissal 

It is essential to remember that the employee is the one ending their own contract. As a result, they are the ones who need to prove that the dismissal was, in fact, constructive, and it was reasonable to resign. That is why, before deciding on leaving your job and choosing constructive dismissal, you should try all the other routes to resolve the situation. There are many ways to do that, but you should at least address your supervisor or make a formal complaint to HR. Such actions will prove you had the will of solving the issue.

The Success of the Case for Constructive Dismissal

Constructive dismissal cases may be one of the more difficult ones, so it’s essential for you to gather all the substantial evidence that supports your side of the story. Of course, it is best to decide on help from an experienced solicitor who is used to leading cases focused on various work-related issues. A skilled lawyer will assist in preparing all of the needed documents and will help you to prove the significant breach of your contract. There is also the matter of compensation. In cases of constructive dismissal in Ireland, the employee can be reinstated, re-engaged or choose monetary compensation. It is no surprise that most people select the last option because they don’t want to work again for the company they had issues with.

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