Can you let me know if there is a route map on how the process should be handled to dismiss an employee on the grounds of capability? What are the steps an employer has to follow so the matter can be progressed through the disciplinary process? What can an employer do?Posted in : First Tuesday Q&A ROI on 4 June 2014
Dismissal on grounds of capability is permitted under the Unfair Dismissals Acts 1977-2007, however, as with every dismissal, in order to demonstrate that the dismissal was fair, the employer must show that (i) he/she acted reasonably, i.e. dismissal was a proportionate and justified in the circumstances, and (ii) must ensure that fair procedures were adhered to. Guidance for employers is provided in the Code of Practice on Grievance and Disciplinary Procedures (SI 146/2000). Although the Code of Practice is not exhaustive or legally binding, a Rights Commissioner or Employment Appeals
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.