Constructive Dismissal – Malpractice Lawyer Dublin

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What is Constructive Dismissal?

Constructive dismissal occurs where an employee decides to terminate his contract of employment, with or without prior notice, due to the conduct of his employer. The employee must be in a position to prove by virtue of the employers conduct that it was reasonable to terminate the contract.

If an Employee terminates his employment in circumstances such as this, for example where the employee feels he has no option the employee may be entitled to bring a claim for unfair dismissal against his employer subject to certain conditions.

Claims such as these are brought to the Rights Commissioners or Employment Appeals Tribunal. If the employee is found to have been unfairly dismissed (i.e. constructively dismissed) he may be placed back in his employment or more commonly, he may receive compensation for the actual loss of earnings caused by the dismissal up to a maximum of 2 years salary.

In most cases an employee must have 12 months’ uninterrupted service with the employer to bring a claim for unfair dismissal/constructive dismissal however under the Unfair Dismissal legislation there are exceptions to the 12 months uninterrupted service rule for example membership of a Trade Union or activity, pregnancy maternity issues, availing of rights under the Minimum Wage Act 2000 or exercising rights under the Section 27a of the Safety Health and Welfare and Act 2005.

A claim for constructive dismissal should be brought within 6 months from the date of the termination of employment. This time frame can be extended to 12 months in cases where exceptional circumstances have resulted in the claim not being lodged within the 6 month time limit.

The following are examples of where a claim for constructive dismissal may be successful: -

The actions and conduct of an employer amount to an actual breach of the contract of employment or can be deemed to be serious enough to warrant resignation;

The actions and/or conduct of the employer indicates that they no longer intend to be bound by one or more of the essential terms of the contract;

The employer has acted unreasonably;If the unreasonable actions of co-workers are not dealt with by the employer this can also amount to constructive dismissal if the employee is forced to end his contract of employment

It is important to note the following: -

In a claim for constructive dismissal situation it is for the employee as the Claimant to prove that the resignation was justified.
Before tendering a resignation the employee must exhaust any complaints and/or grievance procedures in place.
The employee should investigate any external industrial relations procedures before proceeding to terminate.

Above all the employee should seek legal advice before terminating the employment or resigning to be fully aware of all rights under the relevant employment Legislation.

A common example of a case giving rise to constructive dismissal is where the employee has been subjected to bullying, harassment and/or intimidation in the workplace.

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C.M. Haughey Solicitors, Christchurch Hall, High Street, Dublin 8, Tel (01) 421 4220, Fax (01) 454 8338

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

*This statement is made in compliance with Reg. 8 of the SI 518 or 2002.

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1800 93 88 93

Contact Info

C.M. Haughey Solicitors,
Christchurch Hall, High Street,
Dublin 8,

Tel (01) 421 4220,
Fax (01) 454 8338
Email: info@cmhaughey.ie

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*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

*This statement is made in compliance with Reg. 8 of the SI 518 or 2002.