Page 59 - Workplace Relations Guide to Employment Law

off from work to attend ante-natal f) exercising the right to carer’s leave,
classes or to time off from work or and
a reduction of working hours for
breast feeding in accordance g) having made a protected disclosure.
(viii) the exercise or proposed exercise by
an employee of the right to adoptive It can also be construed as dismissal if
leave, additional adoptive leave a person’s conditions of work are made
or time off to attend certain pre- so difficult that he or she feels obliged
adoption classes or meetings under to leave. This is called constructive
the Adoptive Leave Acts 1995 and dismissal.
2005,
(ix) the unfair selection of the employee
for redundancy, REDRESS
(x) the employee’s exercising of rights or The redress for unfair dismissal is:
proposed exercise of rights under the
National Minimum Wage Acts 2000 (i) re-instatement in the old job, or
and 2015 or under the safety, Health (ii) re-engagement in the old job or in a
and Welfare at Work Act 2005. suitable alternative job on conditions
which the adjudicating bodies
consider reasonable, or
EXCEPTIONS TO SERVICE
REQUIREMENT (iii) where financial loss has occurred,
financial compensation (not
There are a number of exceptions to the exceeding 104 weeks pay or, in
requirement for employees claiming the case of protected disclosure
dismissal to have a year’s continuous service dismissals, 260 weeks pay -the
with their employer. These include dismissal precise amount of compensation can
due to depend on such matters as where
the responsibility for the dismissal
a) trade union membership or activity, lay, the measures taken to reduce
either outside working hours or at financial loss or the extent to which
those times during working hours negotiated dismissal procedures (if
when permitted by the employer, these existed) or the Code of Practice
b) pregnancy or matters connected on Grievance and Disciplinary
therewith, Procedures were followed), or
c) exercising the right to adoptive leave, (iv) where no financial loss has occurred,
financial compensation of up to 4
d) exercising the right to parental or weeks pay.
force majeure leave,
e) exercising rights under the National
Minimum Wage Acts, 2000 and 2015,

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