Constructive Dismissal

What is Constructive Dismissal?

Constructive dismissal arises where an employee terminates their contract of employment, with or without prior notice, due to the conduct of their employer. An employer’s conduct must have been such that it would have been reasonable for an employee to terminate their contract without giving notice.

If an employee terminates their employment and claim constructive dismissal under the unfair dismissals legislation, the onus is on the employee to prove that the resignation was justified.

Period of Service

In general, employees must have 12 months continuous service with their employer to bring a claim under the unfair dismissal legislation.

Time Limit

If an employee wishes to make a claim they should do so within 6 months of the date of the termination of employment. This time limit may be extended to 12 months in cases where exceptional circumstances have prevented the lodgement of the claim within 6 months.

Employment Appeals Tribunal

If an employee qualifies under the unfair dismissals legislation, they may make a claim to the Employment Appeals Tribunal and Healy O’Connor Solicitors LLP provides representation at the Employment Appeals Tribunal for the hearing of these cases.

Where a claim is heard by the Employment Appeals Tribunal, the Tribunal will issue a determination. There is a right of appeal by either party to the Circuit Court from a determination of the Tribunal. Healy O’Connor Solicitors LLP provide representation at the Circuit Court for the hearing of these appeals.

Contact us

For further information please contact our Employment Law Specialists at info@hoc.ie or freephone 1800 54 54 54