The essential guide to Irish dismissal law, this new edition sets out and makes sense of the very significant recent legal developments relating to dismissal law. In particular, the 2021 decision of the Supreme Court in Zalewski v Adjudication Officer is of immense significance for the law on unfair dismissal and fair procedures in employment disputes. The Supreme Court upheld the constitutionality of the Workplace Relations Act 2015 but deemed core aspects of the legislation unconstitutional. These lengthy and complex judgments of the Supreme Court (in which the lead judgment cites the third edition of this book) have enormous implications for Irish employment law and their impact is seen throughout this fourth edition.
In addition, there have been important developments concerning, among other issues, probationary period dismissals, injunctions restraining dismissals, and protected disclosures law, all of which are thoroughly analysed and updated in the text.
Key legislation and cases analysed in the fourth edition include:
* The Workplace Relations (Miscellaneous Provisions) Act 2021
* The Employment (Miscellaneous Provisions) Act 2018
* Current draft amending legislation on the Protected Disclosures Act 2014
* Zalewski v Adudication Officer [2021] IESC 24
* O’Donovan v Over-C Technology [2021] IECA 37, [2021] ELR 191
This title is included in Bloomsbury Professional's Irish Employment Law online service.
Chapter 1 Historical Development of the Law’s Protection against Wrongful Termination of Employment
Chapter 2 Wrongful Dismissal
Chapter 3 Identifying the Nature of Employment
Chapter 4 Termination with or without Notice
Chapter 5 Wrongful Dismissal: Limitations in the Contract
Chapter 6 Effect of Breach on Concept of Termination
Chapter 7 Constitutional Justice
Chapter 8 The Constitution and Dismissal
Chapter 9 Remedies: Judicial Review
Chapter 10 Specific Performance, Injunctions and Declarations
Chapter 11 Damages arising from Wrongful Dismissal
Chapter 12 Statutory Unfair Dismissal
Chapter 13 Reasonableness and the Employer’s Role under the Unfair Dismissals Act
Chapter 14 Involvement in Proceedings; Age; Pregnancy and Maternity and Paternity
Chapter 15 Capability, Competence or Qualifications, Contravention of Statute
Chapter 16 Conduct
Chapter 17 Redundancy
Chapter 18 Other Substantial Grounds
Chapter 19 Constructive Dismissal
Chapter 20 Protected Disclosures
Chapter 21 Collective Aspects of Unfair Dismissal
Chapter 22 Fact and Date of Dismissal
Chapter 23 Express Qualifications and Exclusions
Chapter 24 Remedies for Unfair Dismissal
Chapter 25 Procedural Aspects of Unfair Dismissal
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