An unjustified dismissal is a personal grievance claim that an employee can bring against their employer. An employer must have a good reason to justify dismissal and must show that the dismissal was procedurally fair to the employee, otherwise the employee could be entitled to remedies for their unjustified dismissal personal grievance claim.
For an employer to justify dismissal, the following criteria must be met:
We would be happy to assist you with raising a personal grievance claim and pursuing remedies for their unjustified dismissal personal grievance claim.
Where there is confusion or ambiguity of the identity of the employer the legal test requires an objective observation of the employment relationship at its outset with knowledge of all relevant communications between employer and employee.
You do not need permission to record a conversation that you are party to but there are consequences that you may face later if you record conversations without permission.
In a disciplinary meeting an employee has rights to procedural fairness and to be fairly heard. We represent employees at disciplinary meetings.
Consumption of alcohol and bad behaviour at Christmas functions is not uncommon. Employment Relations Authority decisions involving Christmas party incidents that have led to disciplinary action up to and including dismissal.
