Page 58 - Workplace Relations Guide to Employment Law

completion of the apprenticeship (unless the UNFAIR DISMISSAL
dismissal results wholly or mainly from (i),
(vi), (vii), (viii), (ix) or (xiii) below). An employer who has dismissed an employee
must, if asked, furnish in writing within 14
The Acts do not apply in a dismissal where the days the reason for the dismissal. Dismissals
employer informs the employee in writing at are unfair under the Acts where it is shown
the commencement of the employment that that they have resulted wholly or mainly
the employment will terminate upon the from one or more of the following:
return to work with that employer of another
employee who is absent from work while on (i) the employee’s trade union
protective leave or natal care absence, within membership or activities, either
the meaning of Part IV of the Maternity outside working hours or at those
Protection Act 1994, or is absent from work times during working hours when
attending ante-natal classes in accordance permitted by the employer,
with section 15A (inserted by section 8 of (ii) the religious or political opinions of
the Maternity Protection (Amendment) Act the employee,
2004), or for breastfeeding in accordance
with section 15B (inserted by section 9 of the (iii) the employee having made a
Maternity Protection (Amendment) Act 2004), protected disclosure,
of the first-mentioned Act, and the dismissal (iv) civil or criminal proceedings against
of the first-mentioned employee duly occurs the employer in which the employee
for the purpose of facilitating the return to is, or is likely to be, involved (as party,
work of that other employee. complainant or witness),
(v) the exercise or proposed exercise
GROUNDS FOR DISMISSAL by the employee of the right to
parental leave or force majeure
The Acts provide that every dismissal of leave under the Parental Leave Act
an employee will be presumed to have 1998 or carer’s leave under and in
been unfair unless the employer can show accordance with the Carer’s Leave
substantial grounds justifying the dismissal. Act 2001,
In order to justify a dismissal, an employer
must show that it resulted wholly or mainly (vi) the race or colour or sexual
from one or more of the following causes: orientation of the employee,
(vii) the age of the employee,
(i) the capability, competence or
qualifications of the employee, (viii) the employee’s membership of the
travelling community,
(ii) the employee’s conduct,
(ix) the employee’s pregnancy,
(iii) the redundancy of the employee, attendance at ante-natal classes

(iv) the fact that continuation of the giving birth or breastfeeding or any
employment would contravene matters connected therewith,
another statutory requirement, (vii) the exercise or proposed exercise by
the employee of the right under the
or that there were other substantial grounds Maternity Protection Acts 1994 and
for dismissal. 2004 to any form of protective leave
or natal care absence or to time

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