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
Zelda Cunningham
Arthur Cox
Issues covered:

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 Tribunal will examine the circumstances of the dismissal in light of the provisions of the Code of

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Back to Q&A's This article is correct at 02/09/2015

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.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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