Compensation for unfair dismissal is set by statute and the maximum one can be awarded is 104 weeks of remuneration.

This is dealt with at S.7 (c) of the Unfair Dismissals Acts which states :

( c ) (i) if the employee incurred any financial loss attributable to the dismissal, payment to him by the employer of such compensation in respect of the loss (not exceeding in amount 104 weeks remuneration in respect of the employment from which he was dismissed calculated in accordance with regulations under section 17 of this Act) as is just and equitable having regard to all the circumstances, or

(ii) if the employee incurred no such financial loss, payment to the employee by the employer of such compensation (if any, but not exceeding in amount 4 weeks remuneration in respect of the employment from which he was dismissed calculated as aforesaid) as is just and equitable having regard to all the circumstances.

Unfair dismissal claims are financial loss claims and there is a duty upon the employee in such cases to mitigate their financial loss and seek employment to reduce this loss after the dismissal has taken effect. If a person has no economic loss the maximum compensation is four weeks wages.

What specifically is Financial Loss?

It includes actual loss and estimated prospective loss of income connected with the dismissal as can seen here:

“ financial loss”, in relation to the dismissal of an employee, includes any actual loss and any estimated prospective loss of income attributable to the dismissal and the value of any loss or diminution, attributable to the dismissal, of the rights of the employee under the Redundancy Payments Acts, 1967 to 1973, or in relation to superannuation”.

Therefore, it can include loss from dismissal date to case hearing date, to include also future loss and pension loss.

S.I. No. 146/2000 – Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000

Disciplinary meetings / procedures should be dealt with fairly.

This code of practice should be followed by employers and employees alike seen here.

Legal Action Process 

If you feel you have been dismissed unlawfully, you can proceed to make a complaint to the Workplace Relations Commission.

The complaint form is listed on the said commissions website. We are biased maybe, but we would suggest a person sits down with a solicitor before completion of this application form, as it can be quite detailed and you must prepare a statement of events as part of the application form.

This is the first document describing the facts an Adjudicator will see. 

The matter can proceed to Mediation and/or Adjudication in the workplace relations. Cases of this nature generally proceed relatively quickly after they are submitted to the Workplace Relations Commission. 

There are very strict timelines in terms of commencing unfair / constructive dismissal cases, and any cases brought outside the requisite time period can be what is termed statute barred.

You must submit your claim to the Workplace Relations Commission within 6 months of the date of dismissal.  

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