employment law 1

A contract of service

relates to someone in employment. They are contracted to provide a service to the employer in exchange for wages; they are employees of the employer. An employee-employer contract is a contract of service

A contract for services

relates to a self-employed person who is contracted to carry out specific work for a specific amount of time (usually called a contractor). He or she is paid once off for that service. They are not employees of the person who hires them. A contractor-client contract is a contract for service.

Fair Dismissal

Employers can fire you for:

•Lack of capability, competence or qualification

•Conduct

•Redundancy

•Illegality of the employee’s work

•‘Other substantial grounds’

Unfair dismissal

Trade union membership

•Pregnancy or any matters connected with pregnancy

•Religious or political opinions

•Unfair selection for redundancy

•Race, Colour, Sexual orientation, Age or Membership of the travelling community

•Making a protected disclosure.

Availing of rights under legislation to things like maternity leave, adoptive leave, carer’s leave etc.

•Legal proceedings against an employer where an employee is a party or witness

Remedies for Unfair Dismissal

Reinstatement: this means resuming the job as if nothing happened, with no break in service or pay.

•Re-engagement: this means resuming the job but not necessarily on the same terms and there may be a break in continuity.

•Compensation: this is calculated on the financial loss of the employee (present loss and projected future loss of earnings). Compensation will not exceed 2 years of employment.

Constructive Dismissal

Where an employee resigns from employment because he/she feels they cannot work there any more due to the conduct of the employer.  

 

The burden of proof is on the employee to prove the conduct of the employer was unreasonable.