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Outline two reasons for fair dismissal, as set out under the Unfair Dismissals Acts 1977-2007 - Leaving Cert Business - Question 1 (A) - 2016
Question 1 (A)
Outline two reasons for fair dismissal, as set out under the Unfair Dismissals Acts 1977-2007. Explain the term constructive dismissal, providing an example to supp... show full transcript
Worked Solution & Example Answer:Outline two reasons for fair dismissal, as set out under the Unfair Dismissals Acts 1977-2007 - Leaving Cert Business - Question 1 (A) - 2016
Step 1
Outline two reasons for fair dismissal, as set out under the Unfair Dismissals Acts 1977-2007.
Answer
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Incompetence on the part of the employee: This refers to a situation where the employee fails to perform required duties effectively, which could involve a lack of necessary skills or failure to meet performance targets.
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Misconduct by the employee: This can include various forms of inappropriate behavior such as theft, substance abuse, or any action that violates company policies, which justifies dismissal.
Step 2
Explain the term constructive dismissal, providing an example to support your answer.
Answer
Constructive dismissal occurs when an employee resigns due to an employer's behavior that makes it impossible or unreasonable for them to continue in their role. This situation typically arises when an employee feels forced to resign because the employer has breached the terms of their employment.
Example: An employee is consistently bullied by their manager, who blames them for all business issues. The environment becomes so intolerable that the employee sees no choice but to resign, leading to a successful claim for constructive dismissal.