Am I eligible to bring an action for unfair dismissal?

The Workplace Relations Commission handles allegations of unfair dismissal. If you meet the following criteria, you may file a claim for unfair dismissal:

The duration

You have six months from the date of the dismissal to file a complaint over an unfair termination. The “date of your dismissal” under the Unfair Dismissals Acts is the day your notice expires.

If there is a “reasonable cause” for the delay, the 6-month time limit may be extended by another 6-months.

Duration of service

Before you may file a claim for unfair dismissal, you typically need to have worked for your employer for at least 12 months continuously.

Rules that don’t apply to “duration of service”

If you were fired for one of the following reasons and you have been employed by your employer for less than a year, you may still file a claim for unfair dismissal.

• Participation in or membership in a union

• Pregnancy, childbirth, breastfeeding, or any issues relating to either

• Utilizing rights to the national minimum wage, parental leave, career’s leave, paternity leave, adoption leave, or maternity leave

• Revealing protected information

You might be entitled to file a claim under Section 20(1) of the Industrial Relations Act 1969 if you have less than a year of service and believe your employer did not treat you fairly while firing you. Any recommendations made by the Court, though, are not enforceable against the employer rights.

Discrimination-related termination

The following six grounds for discrimination cannot be used as justification for dismissal:

• Legal status

• Gender

• Kinship position

• Mental disorder

• Age

• Ritual believes

For instance, you might not be eligible to file a claim under the unjust dismissals legislation if you have been employed for less than a year. However, you might be able to file a “discriminatory dismissal” lawsuit.

The circumstance of being dismissed

To file a claim for unjust dismissal, you must have been fired. The only exception is in situations of constructive dismissal, where you assert that your employer’s treatment of you compelled you to quit your position.

If your employer contests the validity of the dismissal, you will need to provide evidence. You can submit a claim for unfair dismissal to the WRC after establishing that the dismissal actually took place.