Under the terms of the Unfair Dismissals Acts 1977 to 2007, explain the grounds for dismissal that are deemed to be fair. - Leaving Cert Business - Question (C) - 2018

The Unfair Dismissals Acts provide a framework for determining the fairness of dismissals in employment. Grounds for dismissal that are deemed to be fair include:

1. Capability or Qualifications

Dismissals related to the employee’s capability or qualifications to perform their job adequately. Employers must usually provide evidence of poor performance and give the employee a chance to improve before dismissal.

2. Conduct

Dismissals may be justified when an employee engages in misconduct, such as theft, violence, or serious breaches of company policy. Proper investigation and proportionality in the disciplinary process must be followed.

3. Redundancy

Dismissing an employee for reasons of redundancy is considered fair if the employer is financially struggling or restructuring. Employers must follow a fair procedure and consider suitable alternative roles for the employee.

4. Statutory Requirement

An employee may be dismissed if continuing their employment would contravene a statutory requirement, such as licensing laws or health regulations.

5. Other Substantial Reasons

Employers may also justify dismissal for other substantial reasons, such as a breakdown in trust and confidence, where the employment relationship has irretrievably broken down.

In all cases, employers are generally expected to follow fair procedures prior to dismissal, as dictated by the relevant laws and regulations.